All businesses must have an appropriate policy and reporting procedures in place to comply with the new mandatory sexual harassment law due to come into force on 26 October.
What is this new law?
The Worker Protection Act 2023 is an amendment of the Equality Act 2010, and it requires employers to take steps to prevent the sexual harassment of their workers by fellow employees, visitors, and suppliers.
Primarily this is an anticipatory duty, and businesses have until 26 October 2024 to get their house in order; no employer is exempt.
The Equality and Human Rights Commission (EHRC) has recently released an eight-step guide to support employers with implementation. The EHRC explains that the duty includes the prevention of sexual harassment of workers by third parties like self-employed contractors, members of the public, customers, and clients.
Currently the law says that a claim for sexual harassment can be brought by workers against their employer, this is because employers are vicariously liable for the actions of their workers when acts of harassment are carried out ‘in the course of employment’, regardless of whether the employer knows about or approves of those acts.
This is usually defended by the employer arguing that it has taken ‘all reasonable steps’ to prevent the harassment from taking place.
Stephen Wright, iReport Legal Director, says “Moving forward, employers will need to be able to demonstrate that those steps align with the EHRC guidance. The preventative steps needed will vary from employer to employer and it will depend on various factors like the employer’s size, the sector it operates in, and the risks present in that workplace.”
iReport is the solution
iReport is an employer’s one-stop shop, bringing leading edge reporting tools and HR best practice to everyone. It ensures that employers are not only legally compliant, thereby reducing reputational and financial risk, but employees feel confident to speak up.
Click the links below to book a demo or join one of our popular informative webinars – available every two weeks.
Talk to Spot powers iReport’s reporting facility, which is available 24/7 all year via an icon on employee’s phones. Spot is trusted by the likes of AXA, Monzo Bank, Stripe payments & ASOS. Spot allows employees to interactively provide answers to questions related to the matter they are reporting, rather than just filling a simple traditional generic form. Spot also offers advice on how the employee can remember and write their report in the most effective way. The questions the employee is asked are specifically designed to assist us to capture as much as the information related to the situation as possible, and photos or documents can be attached before the report is submitted to us.
iReport offers a comprehensive compliance pack that meets the ECHR compliance guidelines.
What is included?
Robust HR policies:
– Anti-discrimination, harassment and bullying
– Sexual Harassment Policy *NEW*
– Equal Opportunities statement
– Grievance and Disciplinary
· A comprehensive risk assessment template, with completion guidance
· Rollout Guidance with employee communications
· The 24/7 online reporting via icon on employee smartphones
· Telephone reporting hotline (direct to a real person) and email reporting
· Discounted investigation support and legal advice
· Discounted relevant online courses such as Bystander Training
Just £399 +vat
(One off fee for the compliance package).
Plus Monthly Subscription
| SPECIAL OFFER – 3 MONTHS FREE Monthly subscription thereafter* Contact us for pricing |
*minimum 12-month contract with Talk to Spot.
Sexual Harassment and Victimisation
Stephen Wright says “With the new legislation coming into force, complaints of this type are likely to be reported more readily. Having our investigators involved provides assurance to the individuals involved that their concerns will be addressed in an impartial and independent manner. This helps to maintain the relationships between the individuals and with the business. Concerns surrounding sexual harassment are often hugely traumatic to those affected and are likely to be highly emotive. Our investigators are equipped to handle these matters in a sensitive and compassionate way.”
“Businesses should start with a risk assessment (included in the pack), to anticipate scenarios where workers may be at risk and implement the EHRC’s eight steps before the 26 October 2024 deadline.”
It is important to note that sexual harassment claims are uncapped, and if a claim of sexual harassment is brought to employment tribunal, then the tribunal must consider if, and to what extent, the employer has complied with the preventative duty.
If the employment tribunal finds that the preventative duty has been breached, it may increase the compensation award by up to 25%. This increase, on top of an uncapped award, is an ever-present risk for those that do not comply quickly enough.
Finally…
We would be delighted to show you around our unique Reporting Tool and explore how iReport can help your organisation meet the new Duty and protect their employees.
We are running our informative 30-minute webinar about the 8 STEPS to Meeting ECHR requirements every two weeks during October and November due to demand. The webinar is being run by our HR partners at Our HR People. Everyone is invited – please feel free to pass this email on to interested parties or business contacts.
