From next month the Worker Protection (Amendment of Equality Act 2010) Bill will strengthen existing protection for workers against sexual harassment by placing a new duty on employers to take ‘reasonable steps’ to prevent sexual harassment.
HR Sarah Derbyshire, HR Consultant and Director at HR Solutions Yorkshire, cuts through the legalise of the law when she says: “It is important for businesses to make it clear to all members of their teams what they expect in terms of behaviour, what everyone’s rights and responsibilities are, and what the consequences are likely to be for failing to meet these expectations.
“Senior leaders and managers set the tone for expectations around workplace behaviour. They need to embed and live the values and behaviour that underpin dignity, respect and inclusion. They also need to call out unacceptable behaviours to nip things in the bud at an early stage.”
She says companies should set out policies and put in place the necessary training. She went on to explain that under the law, ‘harassment’ covered unwanted conduct related to a protected characteristic which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Sexual harassment is unwanted conduct of a sexual nature which has that impact.’
A protected characteristic is as set out in the Equality Act 2010 and includes gender, age, race, disability, sexual orientation, pregnancy or maternity, religion or belief, gender reassignment, marital status or civil partnership. An employee who feels that they have been treated differently because of a protected characteristic can make a claim of discrimination to an employment tribunal.
She added: “Any claim on the grounds of discrimination is uncapped at tribunal. In addition, tribunals will have the power to increase compensation by up to 25% if they find an employer has breached this duty. As well as the financial costs of a claim against the business, cases of sexual harassment impact on management and HR time, potentially legal costs, damage to a company’s reputation and on other members of the team.”
