Are Your Sexual Harassment Policies Up to Scratch?
It’s no longer enough to wave around a dusty old employee handbook and hope for the best. We’re in 2024, and workplace sexual harassment policies need to do more than just tick boxes—they need to prevent harassment actively. With new legislation coming into force, the spotlight is firmly on how employers take “reasonable steps” to protect their people.
So, here’s the big question: how confident are you that your business is ready? Do you have the necessary protections in place, or are you dangerously exposed?
What’s Changing?
Picture this: you’re the HR manager for a successful, well-loved hospitality brand. Party season is in full swing, and a report lands on your desk about inappropriate behaviour towards front-of-house staff. This isn’t the time to scramble for a reaction—you need to know your organisation’s culture and policies are already handling these risks.
On October 26, 2024, a new duty under the Worker Protection (Amendment of Equality Act 2010) Act will require employers to take active steps to prevent workplace sexual harassment. Forget relying on one-off training sessions or the “we have a policy” defence. The new standard demands you’ve done the work to create an environment where employees can thrive without fear.
This isn’t just a polite nudge to make your workplace friendlier; it’s a clear call to action. The new law expects employers to ensure staff feel protected from harassment—and that includes not just colleagues but also third parties, like customers or suppliers, who might be on the premises.
Are Policies Enough?
For years, many businesses have ticked the compliance box by including a harassment policy in the employee handbook. But let’s be real: a policy that sits in a drawer isn’t going to cut it anymore. The truth is, employees don’t feel safe because a document exists; they feel safe because they see harassment actively prevented and swiftly dealt with.
According to a recent CIPD report, only 36% of employees were satisfied with how their workplace handled bullying or harassment concerns. That’s not a great result for policies and handbooks. Too often, businesses reach for their policy or point to a long-forgotten training session when a complaint arises, but the Employment Appeal Tribunal (EAT) has made it clear that policies alone don’t meet the bar. The EAT has even gone so far as to describe relying solely on a policy and one-off training as “ineffective” for preventing harassment.
If your approach is static and reactive, now is the time to rethink. The expectation going forward? Employers need to actively create, reinforce, and monitor safe environments. It’s a shift from lip service to living practice.
Third-Party Harassment: A New Consideration
Here’s where it gets even trickier. The Act initially proposed making employers responsible for harassment of an employee by a third party (think customers, contractors, or suppliers). Though this provision was removed, third-party harassment still matters.
Imagine you’re running a bustling bar or a chic restaurant. Your employees might face harassment not just from colleagues but from customers whose behaviour might be hard to control. While employers aren’t directly responsible for third-party actions, the new duty still requires you to assess and address these risks. It’s about creating a space where employees know they are protected, regardless of who’s causing the trouble.
For many UK businesses, particularly those in customer-facing sectors like hospitality, retail, and healthcare, this adds a new dimension of responsibility. Proactive measures, training, and clear reporting channels are no longer “nice-to-haves”; they’re essential for fostering a safe and compliant work environment.
Why Ignoring This Could Cost You
The cost of non-compliance is more than reputational damage. Let’s talk money. If you fail to meet this new duty, employment tribunals now have the power to increase awards to claimants by up to 25%. So, if your business is found to have inadequately protected employees from harassment, it could mean serious financial penalties on top of reputational harm.
And it doesn’t stop there. The Equality and Human Rights Commission (EHRC) also has the authority to enforce this duty, with the power to investigate and ensure compliance independently. This isn’t just about appeasing a tribunal; it’s about proving that your business takes employee wellbeing seriously—day in, day out.
How to Get Ahead: Practical Steps for Compliance
So, what does meeting the “reasonable steps” requirement look like? Here’s a guide to building a proactive, practical approach that does more than just comply with the new law—it makes your workplace a better place to be.
- Regular, Engaging Training
Training is the bedrock of compliance, but one-off sessions aren’t enough. Think about ongoing training programmes that go beyond the basics, encouraging employees to speak up and managers to respond with empathy and action. - Accessible Reporting Channels
Ensure employees can report harassment easily, confidentially, and without fear of reprisal. This isn’t just about putting a form on the intranet; it’s about creating a culture where people feel safe coming forward. - Risk Assessment for Customer-Facing Roles
If you’re in a sector where third-party interactions are common, assess the specific risks your employees might face. This might mean staff working alone, handling difficult customers, or dealing with late-night scenarios. Tailor your policies and responses to reflect these realities. - Living Policies, Not Static Documents
Make sure your harassment policy isn’t gathering dust. Policies should be visible, relevant, and reinforced regularly. Host workshops, run refreshers, and ensure managers can articulate what the policy means in real terms. - Visible Leadership Commitment
Your culture starts at the top. When leaders actively demonstrate zero tolerance, it sends a powerful message. Simple actions like regular check-ins, staff forums, and visible support for employees make a real difference in creating a safe environment.
Final Thoughts
This isn’t just about avoiding claims; it’s about creating a workplace where people want to be. As the new law comes into effect, employers have a choice: they can either see this as a compliance exercise or an opportunity to build a better workplace culture. Those who go beyond the basics, who invest in genuine, continuous prevention, will find that they don’t just protect their business—they create a place where employees feel respected, valued, and secure.
Are you ready to meet the new standard? It’s time to reassess, re-engage, and make workplace safety a visible, everyday commitment.
How WINC HR Can Help
At WINC HR, we’re more than just compliance experts. Our team of experienced HR consultants is here to help you build a culture that goes beyond policies, creating genuine safety and respect for your people. From implementing robust, dynamic harassment prevention frameworks to conducting tailored training and proactive risk assessments, we bring the expertise and practical tools you need to meet and exceed the new standards. Reach out to WINC HR today to find out how we can support you in building a safer, more resilient workplace.4o
Are Your Sexual Harassment Policies Up to Scratch?
It’s no longer enough to wave around a dusty old employee handbook and hope for the best. We’re in 2024, and workplace sexual harassment policies need to do more than just tick boxes—they need to prevent harassment actively. With new legislation coming into force, the spotlight is firmly on how employers take “reasonable steps” to protect their people.
So, here’s the big question: how confident are you that your business is ready? Do you have the necessary protections in place, or are you dangerously exposed?
What’s Changing?
Picture this: you’re the HR manager for a successful, well-loved hospitality brand. Party season is in full swing, and a report lands on your desk about inappropriate behaviour towards front-of-house staff. This isn’t the time to scramble for a reaction—you need to know your organisation’s culture and policies are already handling these risks.
On October 26, 2024, a new duty under the Worker Protection (Amendment of Equality Act 2010) Act will require employers to take active steps to prevent workplace sexual harassment. Forget relying on one-off training sessions or the “we have a policy” defence. The new standard demands you’ve done the work to create an environment where employees can thrive without fear.
This isn’t just a polite nudge to make your workplace friendlier; it’s a clear call to action. The new law expects employers to ensure staff feel protected from harassment—and that includes not just colleagues but also third parties, like customers or suppliers, who might be on the premises.
Are Policies Enough?
For years, many businesses have ticked the compliance box by including a harassment policy in the employee handbook. But let’s be real: a policy that sits in a drawer isn’t going to cut it anymore. The truth is, employees don’t feel safe because a document exists; they feel safe because they see harassment actively prevented and swiftly dealt with.
According to a recent CIPD report, only 36% of employees were satisfied with how their workplace handled bullying or harassment concerns. That’s not a great result for policies and handbooks. Too often, businesses reach for their policy or point to a long-forgotten training session when a complaint arises, but the Employment Appeal Tribunal (EAT) has made it clear that policies alone don’t meet the bar. The EAT has even gone so far as to describe relying solely on a policy and one-off training as “ineffective” for preventing harassment.
If your approach is static and reactive, now is the time to rethink. The expectation going forward? Employers need to actively create, reinforce, and monitor safe environments. It’s a shift from lip service to living practice.
Third-Party Harassment: A New Consideration
Here’s where it gets even trickier. The Act initially proposed making employers responsible for harassment of an employee by a third party (think customers, contractors, or suppliers). Though this provision was removed, third-party harassment still matters.
Imagine you’re running a bustling bar or a chic restaurant. Your employees might face harassment not just from colleagues but from customers whose behaviour might be hard to control. While employers aren’t directly responsible for third-party actions, the new duty still requires you to assess and address these risks. It’s about creating a space where employees know they are protected, regardless of who’s causing the trouble.
For many UK businesses, particularly those in customer-facing sectors like hospitality, retail, and healthcare, this adds a new dimension of responsibility. Proactive measures, training, and clear reporting channels are no longer “nice-to-haves”; they’re essential for fostering a safe and compliant work environment.
Why Ignoring This Could Cost You
The cost of non-compliance is more than reputational damage. Let’s talk money. If you fail to meet this new duty, employment tribunals now have the power to increase awards to claimants by up to 25%. So, if your business is found to have inadequately protected employees from harassment, it could mean serious financial penalties on top of reputational harm.
And it doesn’t stop there. The Equality and Human Rights Commission (EHRC) also has the authority to enforce this duty, with the power to investigate and ensure compliance independently. This isn’t just about appeasing a tribunal; it’s about proving that your business takes employee wellbeing seriously—day in, day out.
How to Get Ahead: Practical Steps for Compliance
So, what does meeting the “reasonable steps” requirement look like? Here’s a guide to building a proactive, practical approach that does more than just comply with the new law—it makes your workplace a better place to be.
- Regular, Engaging Training
Training is the bedrock of compliance, but one-off sessions aren’t enough. Think about ongoing training programmes that go beyond the basics, encouraging employees to speak up and managers to respond with empathy and action. - Accessible Reporting Channels
Ensure employees can report harassment easily, confidentially, and without fear of reprisal. This isn’t just about putting a form on the intranet; it’s about creating a culture where people feel safe coming forward. - Risk Assessment for Customer-Facing Roles
If you’re in a sector where third-party interactions are common, assess the specific risks your employees might face. This might mean staff working alone, handling difficult customers, or dealing with late-night scenarios. Tailor your policies and responses to reflect these realities. - Living Policies, Not Static Documents
Make sure your harassment policy isn’t gathering dust. Policies should be visible, relevant, and reinforced regularly. Host workshops, run refreshers, and ensure managers can articulate what the policy means in real terms. - Visible Leadership Commitment
Your culture starts at the top. When leaders actively demonstrate zero tolerance, it sends a powerful message. Simple actions like regular check-ins, staff forums, and visible support for employees make a real difference in creating a safe environment.
Final Thoughts
This isn’t just about avoiding claims; it’s about creating a workplace where people want to be. As the new law comes into effect, employers have a choice: they can either see this as a compliance exercise or an opportunity to build a better workplace culture. Those who go beyond the basics, who invest in genuine, continuous prevention, will find that they don’t just protect their business—they create a place where employees feel respected, valued, and secure.
Are you ready to meet the new standard? It’s time to reassess, re-engage, and make workplace safety a visible, everyday commitment.
How WINC HR Can Help
At WINC HR, we’re more than just compliance experts. Our team of experienced HR consultants is here to help you build a culture that goes beyond policies, creating genuine safety and respect for your people. From implementing robust, dynamic harassment prevention frameworks to conducting tailored training and proactive risk assessments, we bring the expertise and practical tools you need to meet and exceed the new standards. Reach out to WINC HR today to find out how we can support you in building a safer, more resilient workplace.4o
