The Equality and Human Rights Commission has updated its guidance on how employers can deal with sexual harassment at work.
The guidance anticipates changes in employer obligations under the Worker Protection Act which will come into effect next month.
Employers are now legally required to prevent sexual harassment and to deal with complaints.
The updated EHRC guidance includes several recommended actions for employers.
- Develop and communicate a “robust”, anti-harassment, policy that includes third-party sexual harassing;
- Regularly assessing the risk of sexual harassment and taking steps to reduce it;
- Using exit interviews and surveys to “proactively” identify warning signs and be aware of them;
- Monitor and evaluate the effectiveness of these steps.
If an employment tribunal determines that a worker was sexually harassed after the new law is in effect, they must then consider whether or not the duty to prevent harassment has been fulfilled. In this case, the employer may be required to pay an additional 25 percent compensation.
This week, a number of claims were made by staff of Harrods that they had been sexually harassed and abused by the former owner of Harrods, Mohammed Al Fayed.
Former employees of the department stores have alleged that there is a “unsafe work environment” in which employees feel they cannot report abuses because senior executives will cover it up.
Baroness Kishwer-Falkner, Chairwoman of the Equality and Human Rights Commission said: “Sexual harrassment continues to be prevalent and is often not reported. Everyone has the right to feel supported and safe at work.
The new preventative duty that comes into effect on 26 October is designed to improve workplace culture by requiring employers protect their employees from sexual harassment.
“Employers must take reasonable measures to protect their employees.” Our guidance has been updated to make sure that employers understand their obligations, and what steps they can take.
We will monitor compliance with this new duty, and we will not hesitate to enforce it where necessary.
Joanne Cash, Commissioner at the EHRC and author of an exclusive article in Personnel Today, stated that response to its consultation held this summer was invaluable in shaping new guidance.
She said, “We wanted to know how we can make our guidance both practical and easy-to-use.” Your responses allowed us to optimize the effectiveness of our guidance to combat workplace sexual harassment.
Hina Belitz is an employment partner with Excello Law. She welcomed the new guidelines and gave the following advice. “Although there are countless examples where employers take steps to foster a culture of anti-harassment, unfortunately, too many shocking sexual harassment incidents, especially against junior female workers, are documented. Senior management must set an example by being held accountable and setting a good standard.
The objective test will take into account the particular circumstances of each employer, including its size, sector, and other factors. Employers must take several important steps, including providing comprehensive and mandatory staff training and having policies that are up to date. The potential compensation awarded in discrimination cases is not capped. Therefore, the threat of a 25% increase if an employer fails to meet this new duty will provide additional motivation to comply.”
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