In spite of all the notice, some employers aren’t ready for the introduction of the Worker Protection Act this month, and the new scrutiny of the prevention of sexual harassment in workplaces. A survey of 2,000 businesses by WorkNest has suggested just 5% believe they are “well prepared”.
Failure to take “reasonable steps” will make organisations liable for a 25% uplift in compensation awards relating to sexual harassment. But the real cost is uncertainty and damage to reputations.
If your organisation doesn’t take sexual harassment complaints seriously, employees will lack confidence in the workplace culture, the HR team and senior management. You will risk discomfort, dis-engagement and grievances at best; scandals at worst.
Why are organisations still not ready for the Worker Protection Act?
The lack of action so far can be explained by the greyness of the duty. Afterall, what is meant by “reasonable steps”?
The context is complex and sensitive. It is difficult to bring in rules to control and limit behaviours in workplaces where there’s always going to be physical proximity, moments of heightened emotion, an imbalance in power – not to mention informal chat, humour, affection and fall-outs.
Organisations are not cold machines; they are thick with human relationships.
With the new legislation and increased attention to sexual harassment cases, HR needs to make sure they’re not caught out.
Avoiding the potential for sexual harassment is difficult because it’s not always just a case of black and white incidents, formal complaints and grievances. It’s an issue of atmospheres – an entrenched acceptance of how to act and speak within the specific workplace culture.
- How do you deal with a sense of discomfort among young recruits?
- How do you regulate the nature of banter, and change an environment that’s made unwanted sexual behaviours a possibility?
- How do you make sure all people are willing to speak up?
In its survey last year, the TUC found three in five women had experienced harassment at work, and the majority had stayed silent because of worries they wouldn’t be believed or their career prospects would be damaged.
The Worker Protection Act has created a ‘stop’ sign in the road
The risks organisations face from inaction are not just financial. Employer reputation, both internally and to the world, is also at stake.
With the new legislation and increased attention to sexual harassment cases, HR needs to make sure they’re not caught out.
Organisations need to make their response to the Worker Protection Act another highly visible demonstration of their professionalism. Here is how to take action.
Start with a sexual harassment policy
Critically, you have to outline a clear policy. One that includes examples, so that all staff know what sexual harassment looks like, and sets out preventative measures in place, and exactly how situations and complaints will be dealt with.
The policy needs to be obviously visible and understood among all staff, at every level.
Appoint a senior leader to champion this new policy. Show your employees there is boardroom commitment to making progress and taking accountability.
Provide mandatory training
In tandem with launching a new policy, it’s important to provide mandated training on sexual harassment and dealing with difficult conversations, from the top down.
Make sure the training includes guidance on behavioural expectations and focuses on how line managers can root out problem areas. You should be able to show who undertook training and when, as well as plans for updating and reinforcing what’s been learned.
Don’t overlook risk assessments
What’s sometimes forgotten is the value of risk assessments. Doing this work demonstrates that your organisation’s response to the introduction of the Worker Protection Act isn’t a blunt, one-size-fits-all activity but reflects the diversity of situations and risks across different areas.
Your risk assessment should also cover risks from external parties (the risks posed by interaction with customers, or when suppliers, contractors or clients come into a workplace).
Appoint independent investigators
Your organisation will need to be able to provide evidence of independent, professional investigators being used for sexual harassment cases, when necessary. Impartiality can’t be guaranteed when an internal investigator, with at least some knowledge and preconceptions about staff involved, is handling the process.
Assess and adapt your process
You will also need to show your business is reviewing the effectiveness of its approach to sexual harassment complaints and is committed to delivering change.
This could be both via tracking grievance and complaints cases and perceptions through employee surveys and line manager review conversations. You could also use the neutral assessment approach to explore concerns within a particular team and better understand actual workplace relationships and behaviours.
Make sexual harassment an unthinkable crime
Where there’s openness and trust at the heart of relationships in a workplace, the idea of sexual harassment in the workplace will become something alien and unthinkable.
