{"id":2371,"date":"2021-08-09T09:42:29","date_gmt":"2021-08-09T09:42:29","guid":{"rendered":"https:\/\/ramsaypaterson.co.uk\/legal-comment\/?p=2371"},"modified":"2021-08-09T09:42:29","modified_gmt":"2021-08-09T09:42:29","slug":"preventing-sexual-harassment-in-the-workplace-new-obligations-proposed","status":"publish","type":"post","link":"https:\/\/ramsaypaterson.co.uk\/legal-comment\/preventing-sexual-harassment-in-the-workplace-new-obligations-proposed\/","title":{"rendered":"Preventing sexual harassment in the workplace \u2013 new obligations proposed"},"content":{"rendered":"

The government has responded to its recent consultation on sexual harassment<\/a> <\/span>\u00a0in the workplace and confirmed a proposal to introduce a duty on employers to prevent<\/em> sexual harassment, introduce protections against third party harassment, and extend times for bringing claims. We don\u2019t yet have the detail, and the changes will only be introduced when Parliamentary time allows.<\/p>\n

However, this prompted us to think about the need for organisations to take action now and our thoughts follow \u2013 it\u2019s about a 10 minute read, with what we hope are some really practical ideas.<\/p>\n

In this context it\u2019s worth noting that employers already have a defence if they can show that they have taken \u2018all reasonable steps to prevent<\/em>\u2019 harassment from happening, so it\u2019s a really important aspect of managing the workplace right now.<\/p>\n

Developments and encouragement to take action now<\/strong><\/span><\/h2>\n

Over the last 18 months, the #blacklivesmatters and #metoo movements have grown in strength. The huge public reaction to Sarah Everard\u2019s murder has strengthened resolve to protect women\u2019s rights and do more to prevent violence against women and girls. The public consultation<\/a><\/span> \u00a0on this issue has recently closed and on 21 July the government signalled its intention to take action in relation to harassment on the streets. It does seem that change is coming so this is definitely a moment for organisations to embrace what can be done to really tackle inappropriate behaviour in the workplace.<\/p>\n

We know many employers are already taking steps to look at new ways to improve equality and diversity in their organisations. This is the time to ensure that these new approaches also tackle behaviour.<\/p>\n

The traditional method has been to have good policies and procedures in place (that are regularly reviewed) and ensure everyone receives training. However, do your people really understand what is and is not acceptable and does that training really happen? Even if it does, is it appropriate for your organisation and does it really change behaviour?<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2018do your people really understand what is and is not acceptable\u2026.?\u2019<\/em><\/p>\n

Within HR, it can seem overwhelming to think about how to take a new approach and really address these issues \u2013 it can feel like a huge project to undertake. Whilst we don\u2019t believe this will be easy, we\u2019re really encouraging organisations to at least do one thing to get started.<\/p>\n

We recently attended a session with Sadia Salam<\/a> \u00a0and Jenny<\/span> Garrett<\/a> \u00a0\u2013 How to talk about race at work. A panel of specialists encouraged us to take action, be courageous, engage with our values and start talking. Sometimes we\u2019ll get it wrong, sometimes the discussions may feel uncomfortable, but if we don\u2019t start talking there really can\u2019t be any progress. We believe this applies to all aspects of diversity and inclusion, including acceptable behaviour at work.<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2018be courageous, engage with your values and start talking\u2019<\/em><\/p>\n

\u2026. and don\u2019t let unconscious bias be an excuse.<\/p>\n

Practical ideas<\/strong><\/span><\/h2>\n

There is considerable guidance available for HR professionals and also technical guidance from the Equality and Human Rights Commission on harassment at work<\/a>\u00a0, together with the 7 step approach recommended in the employer guide<\/a>\u00a0. These provide some really important structural and practical steps to take.<\/p>\n

However, putting it into practice needs to actively involve the people in your organisation. For your people to learn and make real changes, it\u2019s crucial that they engage in the process. So, the steps taken need to be human, and reflect the values and culture of your organisation. By considering all forms of harassment and inappropriate behaviour in the workplace, there could be greater employee engagement and wider benefits too.<\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2018Make time to sit down with your people\u2026\u2019<\/em><\/p>\n

Some things will work and some won\u2019t, but the key thing is making a start – action<\/em> is required. We hope to learn over the coming months about different approaches that have been taken, what has worked and what hasn\u2019t, but for now here are our key thoughts (in addition to the EHRC recommended steps):<\/p>\n