With the recent introduction of the new Worker Protection (Amendment of Equality Act 2010) Act 2023, it has become imperative that HR professionals ensure their company’s sexual harassment policy is completely updated and fully compliant with the latest legal legislation. This new legislation firmly places increased responsibilities on employers to proactively prevent sexual misconduct in the workplace through preventative sexual harassment in the workplace training, more of which you can explore on our awareness training page. While it is now the responsibility of employers to ensure their staff are educated on this issue, it is up to the HR team to review and revise an existing company sexual harassment policy.
In this guide, we will explain the steps all HR professionals should take to ensure their sexual harassment policy is updated and aligns with the new legislation.
Understanding the Worker Protection (Amendment of Equality Act 2010) Act 2023
The new Worker Protection (Amendment of Equality Act 2010) Act 2023 has brought significant changes to how businesses should handle sexual harassment in the workplace. The most impactful of these legislation changes is the new preventative duty, which clearly states that employers are now legally required to take reasonable steps to prevent any sexual misconduct in the workplace from occurring. Failure to comply can now result in legal action, placing businesses at financial and reputational risk.
Previously, an employer could claim that they were unaware that any harassment took place, or even that they had a sexual harassment policy in place (even though they did not actively enforce it). However, under the new legislation, in the event of a sexual harassment in the workplace claim then all businesses MUST prove they have been proactive in doing everything in their power to enlighten their workforce on this issue, otherwise they will be liable. Aside from the obvious step of professional preventative sexual harassment in the workplace training, an up-to-date and comprehensive sexual harassment policy that is accessible to all is essential.
5 Steps To Align Your Sexual Harassment Policy With New Legislation
- Review Your Existing Sexual Harassment Policy
The first step toward aligning your existing policy to meet new legal obligations is to thoroughly review your current sexual harassment policy. You should check closely to see that it covers all forms of harassment (including verbal, non-verbal, physical and even online harassment). It is also imperative that you address the legal definition of sexual harassment in the workplace, leaving no doubt that any form of sexual misconduct in the workplace is completely unacceptable and will result in disciplinary action.
Your sexual harassment policy should also reflect the preventative duty that is outlined in the Worker Protection (Amendment of Equality Act 2010) Act 2023. It should include proactive measures such as regular and comprehensive sexual harassment in the workplace training for all employees, clear reporting procedures, along with a commitment to fully investigating and addressing complaints immediately.
- Incorporate Preventative Measures
A hugely important part of updating your sexual harassment policy is to ensure you include specific preventative measures that clearly demonstrate your organisation’s commitment to providing a safe and respectful work environment for all employees. Examples of this include:
- Regular, preventative sexual harassment in the workplace training for all employees, including upper management.
- Clear and concise guidelines on how employees can report harassment of any kind, whether it occurs on or off-site.
- A commitment to reviewing your sexual harassment policy on a regular basis, ensuring compliance with evolving legislation.
These preventative measures will help you fulfil your obligations under the Worker Protection (Amendment of Equality Act 2010) Act 2023, while helping to foster a safer and more knowledgeable working culture (where harassment is less likely to occur).
- Update your Grievance and Investigation Processes
Any sexual harassment policy should include procedures for addressing all complaints. Your policy should clearly outline the steps your organisation will take when a complaint is made, how any investigation will be conducted, and what support will be provided to the victim of the harassment.
Given the complex issues surrounding sexual misconduct in the workplace, it’s critical that you ensure any investigation is fair, confidential, and above all, impartial. HR teams should know exactly how to handle complaints and should conduct all investigations in line with the new legal requirements. Should you need additional assistance on an investigation then please visit stopsexualmisconduct.co.uk’s consulting-investigations page.
- Ensure Your Sexual Harassment Policy is Clear and Inclusive
Any sexual harassment policy should be written in a way that is clearly understandable by all, using simple and inclusive language. We advise against using legal jargon or any wording that could be confusing. Every employee, regardless of their level of responsibility, should be able to clearly understand the policy.
You should also include additional information on how your organisation will handle ‘intersectional harassment’. Intersectional harassment is when employees face harassment that could be based on multiple aspects of their identity, including gender, sexual orientation or race.
- Implement Regular Sexual Harassment in the Workplace Training
The most effective way of preventing sexual misconduct in the workplace is through our preventative sexual harassment in the workplace training. Your sexual harassment policy should mandate that ALL employees, from the directors down, undergo comprehensive training to recognise, report and prevent all types of sexual harassment in the workplace.
Once your organisation has updated their sexual harassment policy to align with the new legislation, and all of your employees have undergone our accredited, preventative sexual harassment in the workplace training, your company will have fulfilled its obligations under the new Worker Protection (Amendment of Equality Act 2010) Act 2023.
We’re Here to Help
We hope that this guide has provided the information you need to help successfully align your existing sexual harassment policy with the new legislation. Once you have taken the time to review and update your policy, you’re not only reducing the risk of legal ramifications but more importantly, creating a safer and more respectful work environment where harassment is less likely to occur.
If you require additional help with updating your sexual harassment policy to meet the new legislation, or if you want to book our accredited sexual harassment in the workplace training, contact our friendly team today.