With the new Worker Protection (Amendment of Equality Act 2010) Act 2023 set to take effect on 26th October 2024, businesses should prepare for a change in how workplace harassment, especially sexual harassment, is addressed.

 

This new law strengthens existing protections, placing more responsibility on employers to take reasonable steps to prevent sexual harassment. The initial draft of the Act indicated that employers would take ‘all reasonable steps’ to prevent sexual harassment but this was diluted to employers must take ‘reasonable steps’ to prevent sexual harassment. If employers are found to have breached their new duty, the Employment Tribunal could increase compensation of any awards up to 25%.

So, what does this mean for employers, the challenges that lie ahead and what steps employers should be taking now.

 

What does the new law mean for employers?

While many businesses already have policies to handle complaints and whistleblowing, the new law raises the bar. Employers must take “reasonable steps” to prevent harassment from happening in the first place. This might sound straightforward, but even companies with solid policies can find themselves unprepared when harassment complaints surface.

Just think of the high-profile cases we’ve seen in the media—where companies mishandled situations or failed to ask the right questions. The reputational damage alone can be devastating, not to mention the emotional toll on the individuals involved.

The upcoming Worker Protection Act was originally drafted with even stricter requirements, proposing that employers take “all reasonable steps.” While this has been scaled back, it still demands businesses to get proactive in preventing workplace harassment.

 

Challenges employers face

A recent working focus group commissioned by ACAS in December 2023 explored why companies often miss the mark when handling harassment cases. This group included input from leading institutions, trade unions, and major employers. Their findings highlighted the most common challenges businesses face.

Ingrained Behaviours: Workplace cultures often tolerate inappropriate behaviour under the guise of, “That’s just how they are.” To build a safe environment, employees need to feel comfortable calling out these behaviours, knowing they’ll be taken seriously.

Walking the Talk: A “zero tolerance” policy is great on paper—but if it’s not backed by action, employees will lose trust in the process. Ensuring that complaints are heard and properly addressed is key to maintaining a respectful culture.

Clear Roles and Responsibilities: It’s not enough to simply designate people to handle complaints. They need proper training and a clear understanding of their roles to avoid a “tick-box” approach that erodes trust.

Confusing Reporting Structures: In larger organisations, especially those with multiple sites, it can be unclear who to report issues to. Employees shouldn’t have to wrestle with ambiguity when trying to raise concerns. The process must be simple, clear, and lead to action.

Women Leaving: The group also observed that women who experience harassment often leave their job within 18 months, no matter the outcome of the complaint. The emotional toll can be heavy, and even if the situation is addressed, the workplace may no longer feel welcoming.

Money Over People: Some companies prioritise high-performing employees, turning a blind eye to their bad behaviour. But letting this slide can destroy trust in the organisation. Bad behaviour should never be excused, no matter who’s responsible.

 

What can employers do to prepare?

The focus group provided several actionable recommendations to help businesses get ahead of these challenges.

• Take Action: Ignoring the problem isn’t an option. Although it may feel uncomfortable, addressing issues proactively is far less costly than managing the fallout from inaction.
• Improve Communication: Employees must feel heard. Employers should actively monitor concerns through direct complaints, surveys, and pulse checks to identify issues early.
• Measure and Monitor: Collect data on complaints, exit interviews, turnover, and staff surveys to gain insights into potential underlying issues within the organisation.

Companies can create effective support systems and a culture that actively addresses inappropriate behaviour. Leadership teams and HR must ensure that all issues of inappropriate behaviours are tackled head-on.

 

How to get ready now

So, what can businesses start doing today to prepare for these changes and meet their new responsibilities?

Lead by Example: Senior leaders must model the behaviours they expect from everyone in the organisation. They play a key role in shaping workplace culture.

Clear Policy and Procedure: Organisations must set clearly their policy on harassment, ensuring that they have zero tolerance for harassment, including sexual harassment. They must have a clear process for reporting and handling inappropriate behaviours.

Educate and Train: Ensure that all staff, especially managers, understand what constitutes sexual harassment and how to handle it.

Clear Reporting Channels: Make sure employees know exactly where and how to report concerns, including escalation routes beyond their direct manager.

Monitor and Review: Regularly review policies and analyse data from complaints, turnover rates, and staff feedback to identify areas for improvement.

Create Safe Spaces: Build a psychologically safe environment where employees feel they can raise concerns without fear of retaliation.

If your business requires support or assistance in reviewing policies or ensuring you have a robust system and procedures in place, we can help you source an HRi accredited HR and People consultant to work with your business.

 

Author: Mary Asante