Since the Worker Protection Amendment of Equality Act 2010 Act 2023 was implemented, employers will be more closely scrutinized to prevent and tackle workplace sexual harassment.
This law imposes an obligation on employers to take “reasonable measures” in order to prevent sexual harassment, and create a more safe, respectful workplace. Although compliance with the law is important, it’s a diluted version of what was originally proposed.
It is not enough to meet legal requirements in order to foster a respectful and inclusive workplace. The Employment Rights Bill, which has already been announced, will expand the requirements in order to include “all reasonably steps” and to reintroduce protections for third-party sexual harassing. Now is the time for organisations to adopt a proactive, broader approach that focuses on culture, accountability, and support to ensure that their policies make a meaningful difference.
Building a proactive culture of anti-harassment goes beyond compliance
Many organizations have historically seen anti-harassment policy as a legal protection rather than the cornerstone of a workplace culture. The Worker Protection Act challenges this narrative by requiring proactive measures to be implemented. The shift in HR leadership is necessary to acknowledge that laws may outline minimum standards but they do not necessarily bring about the cultural changes needed to create a safe work environment.
Companies must promote these values to foster true respect and inclusion, stating that harassment, bullying or any other behavior that degrades the dignity of their employees is not tolerated.
Leadership must communicate openly and clearly to build this culture. Leaders who openly discuss harassment and their commitment to fighting it set an example for employees. Communication could include regular discussion of the company’s harassment policy, frequent reminders about acceptable conduct and encouragement to employees to raise concerns.
Employees are more likely to speak up if you have a firm stance, supported by clear policies and a promise to handle complaints in a responsible manner.
Employee empowerment: Empowering them to speak out
The hesitation that many employees have in reporting harassment incidents is a major barrier. The hesitation to report incidents is often due to fear of retaliation or the uncertainty that their complaints will be taken seriously. To overcome these barriers, it is important to create a safe space for employees who are willing to express their concerns without worrying about negative consequences.
Employees can benefit from anonymous reporting channels such as a hotline or an online form. Anonymous channels are not enough. They must also be accompanied by assurances that reports will be investigated thoroughly and treated confidentially. Organisations should also train their managers and HR staff on how to deal with reports sensitively. This will build trust and demonstrate a commitment towards justice and fairness at work.
Bystanders can intervene
Bystander empowerment is another critical component of the puzzle. Employees may see inappropriate behavior but not feel empowered to intervene. They might be unsure how they can assist or afraid of a potential backlash. Bystanders can play a crucial role in combating harassment by encouraging them to intervene and giving them the necessary tools.
Bystander Intervention Training helps employees realize that they do not have to confront perpetrators to make a change. Some strategies include creating a distraction or checking up on the victim after the harassment. Others involve reporting the behavior to a supervisor. Employees who see their colleagues actively addressing inappropriate conduct reinforce a culture that values accountability and mutual support.
Bystander intervention involves creating a workplace in which employees feel confident to act on behalf of colleagues. Leaders must make it clear to employees that bystander interventions are valued and respected in the organization, rewarding those who act appropriately. By creating an environment whereby bystanders are appreciated and supported, organizations can demonstrate their commitment to creating a respectful work environment.
Accountability is a fundamental principle
Accountability must be a priority at all levels to make real progress in preventing harassing. It means establishing transparent processes to handle complaints, follow up on reports and ensure that perpetrators are dealt with appropriately. It is important to hold individuals accountable, not only for the sake of justice, but also so that they can be more confident in your organisation’s commitment towards safety and respect.
Accountability begins at the top. Leaders who commit to high standards and enforce them show their employees that they are not above the law. It includes executives, managers and long-tenured staff who may otherwise be perceived to be “untouchable”. Consistent accountability involves also reviewing and refining policy in order to close any gaps which could undermine enforcement. Organisations might, for example, review their anti-harassment policies every year to make sure they are aligned with best practices and address any emerging issues.
Education and training as a commitment to lifelong learning
The cornerstone of any strategy to prevent harassment is training, but it’s often treated like a checklist item. Anti-harassment education that is effective goes beyond the basics. It helps employees recognize subtle forms of harassing behaviour, learn their rights and how to support coworkers who are experiencing inappropriate behavior. Training should not only focus on anti-harassment, but also include empathy, respect and inclusivity.
These programs should reinforce values that are closely related to harassment prevention. For example, open communication, collaborative efforts, and a sense of shared responsibility in maintaining a positive work environment.
The training should continue. Training on sexual harassment must be repeated frequently, and not only during onboarding. This will ensure that employees are able to internalize the information, and remain up-to-date on their responsibilities. Refresher training and scenario-based courses can give employees the opportunity to practice real-life situations, making them more prepared for harassment.
Transparency of policies and procedures
Transparency in handling harassment is not only beneficial to employees, but it also enhances the credibility and integrity of an organization. Transparency is ensuring all employees are aware of the steps that will be taken when they report harassment. This includes who will investigate their complaint and what will happen.
It is also important to provide clear guidelines about the company’s harassment policies. This will prevent any misunderstandings. It is important to provide employees with a clear explanation of what constitutes harassment. This includes examples of inappropriate behaviour and scenarios. These policies should be easily accessible, whether in employee handbooks or communications. Regular training and regular communication are also important. This will give employees the knowledge they need to make an informed decision about their behaviour.
No room for complacency
The Worker Protection Act requires organisations to take a proactive approach in preventing harassment. This is a major shift towards safer and more inclusive workplaces. Compliance alone is not enough. Organisations must go beyond the legal mandates to prevent harassment and support their employees. They should foster a culture of openness, respect and accountability. HR leaders and business leaders who prioritize transparency, encourage employees to speak out, and reinforce accountability can create an environment where everyone feels valued and safe.
There is no place for complacency and excuses with the Worker Protection Act already in place, as well as the upcoming Employment Rights Bill. Organisations can be champions for employee welfare by adopting a holistic strategy that focuses on compliance and culture. Harassment prevention will become a key feature in their workplace. It protects an organisation from legal consequences, but it also creates a productive and positive environment for all employees.
