UK workplaces face increasing legal and regulatory pressure to become kinder and fairer.
With the arrival of the new government, and their employment rights bill now unveiled, it’s clear that significant reform lies ahead for the employer-to-employee relationship – in what’s been announced and what’s still expected to come.
These do – and will – cover a huge array of areas, including workers’ rights, procedural and reporting reforms, and equality issues.
These reforms come on top of other ongoing or imminent changes not specific to the new government. These include increasing scrutiny on non-financial misconduct by the Financial Conduct Authority (FCA), reforms by the Prudential Regulation Authority, and the new duty in the Equality Act for employers to take reasonable steps to prevent sexual harassment.
While business and HR leaders may now be wondering how to keep up with the pace of change, and respond effectively, it is clear that there is – and will be – an increased focus on workplace culture and behaviour.
What do we know so far?
Right now, some of the most important changes to be aware of include:
Duty to prevent sexual harassment
On 26th October 2024 the enforcement regime commenced for the new law mandating employers to proactively take reasonable steps in preventing employees from experiencing sexual harassment. This is the first major legislative change in the area for many years, and it requires a huge mindset change for employers.
More freedom in working
The new government is bringing in stronger rights to request flexible working from the outset of employment, with it being the default “where practical”. The ‘right to switch off’ after hours is also being considered, which would empower people to set boundaries between work and home life.
More fair and supportive workplaces for women
Large employers with more than 250 employees may be required to produce action plans to both address gender pay gaps and support employees through the menopause.
A holistic response is imperative
Many of these changes are clearly intended to drive cultural and behavioural change in UK workplaces. They are, also, indicative of even further change that might come in the subsequent years to continue pushing work environments to be kinder and fairer.
Achieving the cultural change intended, and being fully prepared for the future, goes beyond merely box-ticking on your new legal requirements. It requires taking proactive, long-term, and holistic action to truly make a change on culture and behaviour.
Understanding the theoretical and legal aspects of a topic is crucial. But there’s a big difference between knowing definitions and actually understanding and changing behaviours.
So, what does holistic action look like?
Let’s examine two prominent issues up-close: sexual harassment and mental health.
Example one: Holistic action on sexual harassment
In September, a survey of 2,000 employers revealed that just 5% are well prepared for the Worker Protection Act – the new legal requirement for employers to take preventative measures against sexual harassment.
Preventing sexual harassment, with the aim of eradicating it, cannot be tackled with mandatory training alone.
Some employers are now turning to compliance-based training which they believe ticks the regulatory box. This is unlikely to be sufficient to create the cultural change that is needed for many organisations.
Preventing sexual harassment, with the aim of eradicating it, cannot be tackled with mandatory training alone. It must also involve the following key areas, and a continuous, evolving and proactive approach:
Leadership
Leaders must be aligned and actively demonstrating that they’re accountable for change by setting and role-modelling the standards. Every senior manager needs to be able to understand why eradicating sexual misconduct is important to the organisation.
Knowledge
Training for everyone is still necessary, but the training can’t just tell people what is unlawful. It is crucial that all of your people understand what they actually need to do to prevent sexual harassment occurring, with clear behaviour standards, response expectations, and understood paths for addressing issues.
Manage risk
View sexual harassment as what it is; a workplace hazard that harms people. Then, as with other hazards, apply risk management to it. Identify and analyse risks, eliminate these as far as possible, and control effectively where not. Keep this under continuous review, reporting to the very top.
Reporting
When it happens, you need to know about it through effective, accessible channels. Focus on increasing your level of complaints by reforming your systems so that people feel comfortable raising their concerns to you. Upskill your responders and investigators to understand the barriers and complications arising from trauma, and people’s needs.
Data
Any data should be continuously monitored and evaluated. Seek to improve, and regularly communicate transparently to the business.
Response
When incidents occur, you must respond. Otherwise, why would anyone bother again? Action must not only be taken, it must be widely seen and understood to have been taken, regardless of seniority, status or power. This is critical to trust and to preventing sexual harassment effectively.
Overhauling structures and systems to enable your people to thrive will demonstrate to your workforce that you get it and are prioritising their needs.
Example two: Holistic action on mental health
Mental health is another area where holistic, long term action is imperative to making a genuine difference.
While guidance around the right to switch off has been postponed, the proposed changes to flexible working provide a renewed opportunity for employers to focus on mental health more proactively.
How can they do that?
Concerns are often raised about the effectiveness of wellbeing initiatives and training (such as resilience workshops, mindfulness seminars, and Mental Health First Aid training). There’s suspicion that these are somehow token add-ons, which don’t require employers fundamentally to address the underlying structures and challenges endured by their people.
To alleviate that feeling, wider culture and structural transformation work enhances their value and effectiveness when happening concurrently: Such as working on the soft skills of managers, implementing a strategy to create a culture of psychological safety, and identifying and alleviating the specific sources of stress in your workplace.
Understanding and overhauling structures and systems to enable your people to thrive will demonstrate to your workforce that you get it and are prioritising their needs. Additional wellbeing initiatives and offerings will then become more meaningful and enhance this visible commitment.
Get ahead of the changes
These are just two examples – on mental health and sexual harassment – which illuminate the importance of a well-rounded approach to genuinely tackling problems and driving real change.
Workplaces are facing increasing legal and regulatory pressure to become kinder and fairer. Get ahead of the new changes, and the ones that are expected to follow, by being proactive, and taking holistic action on your culture and behaviour now.
