Taking Steps to Prevent Sexual Harassment in the Workplace

The Worker Protection Bill will require employers to take reasonable steps to prevent sexual harassment in the workplace. The law will come into effect in October 2024

In light of the #MeToo movement and some highly shocking accounts of sexual harassment in recent years, the issue of workplace sexual harassment is of critical concern to employers.

The UK government has passed the Worker Protection Bill, set to come into force in October 2024. In a recent STUC report, 45% of women have experienced sexual harassment at work. 85% of women said their experience was not taken seriously or dealt with appropriately.

The new duties introduced by the Worker Protection Bill will be covered at our  Preventing Bullying and Harassment in the Workplace Conference, focusing on the need for employers to stay vigilant and proactive in safeguarding their employees from harassment and bullying.

Why the Worker Protection Bill Matters

The Worker Protection Bill aims to address gaps in current legislation regarding workplace harassment. Currently, the law holds employers accountable for harassment perpetrated by their employees only if it can be proven they failed to take “all reasonable steps” to prevent it. However, this often leaves room for employers to argue they were unaware of ongoing issues, resulting in insufficient protection for employees.

The new legislation introduces several key changes, including:

• A duty for employers to take reasonable steps to prevent workplace harassment, marking a significant shift toward proactive prevention, rather than reactive measures after an incident occurs.
• Removal of previous proposals that would have made employers liable for third-party harassment (e.g., from clients or contractors), though employers are still expected to mitigate the risks associated with external interactions where feasible
• The possibility of compensation being increased by up to 25% in cases where harassment is proven and the employer failed to take appropriate preventative action.

By placing the onus on prevention, this Bill aims to foster safer workplaces, discourage misconduct, and hold employers to a higher standard of accountability.

Steps Employers Need to Take

To comply with the new obligations, employers must go beyond implementing simple anti-harassment policies. The focus is now on creating an environment where harassment is less likely to occur in the first place. Here are some essential steps employers will need to take:

1. Update Policies and Procedures

A comprehensive anti-harassment policy is essential. Employers should ensure their existing policies are updated to explicitly address harassment, bullying, and discrimination. These policies need to be clear, accessible, and regularly reviewed to reflect both legal obligations and workplace culture changes. It’s also crucial to have a specific focus on preventing sexual harassment.

2. Provide Regular Training

One of the primary recommendations for compliance is to provide regular training for all staff on what constitutes harassment and how to report it. Additional training for managers is also important, equipping them with the skills to handle complaints effectively and sensitively. Training should be more than a tick-box exercise; it must be thorough, engaging, and adapted to reflect evolving workplace dynamics.

3. Implement Reporting Mechanisms

Encouraging employees to report incidents of harassment without fear of retaliation is critical to prevention. Employers should provide multiple avenues for reporting, such as anonymous hotlines or third-party reporting systems, and ensure that any complaints are investigated promptly and thoroughly. Clear communication on how to report harassment and what to expect in terms of investigation will encourage employees to come forward.

4. Monitor the Workplace Environment

Employers must take active steps to assess the workplace environment for potential risks. This could involve conducting regular employee surveys, tracking the number of harassment complaints, and analysing areas where problems are more likely to occur, such as during interactions with third parties or in customer-facing roles.

5. Create a Zero-Tolerance Culture

Prevention starts with a workplace culture that does not tolerate harassment in any form. Employers must foster an environment where respect and inclusion are core values. This includes clear messaging from leadership, consistent enforcement of policies, and visible support for those who raise concerns.

6. Document Preventative Actions

One of the critical aspects of compliance is being able to demonstrate the steps taken to prevent harassment. Employers should maintain detailed records of training, complaints, investigations, and policy updates to show they have acted in accordance with the law. This documentation will be crucial in defending against potential claims of failure to prevent harassment.

Why This Matters for Your Organisation

The Worker Protection Bill is a necessary step toward making workplaces safer and more inclusive, but it also places new responsibilities on employers. Organisations that fail to take these obligations seriously risk not only legal consequences but also reputational damage.

Holyrood Insight’s upcoming Preventing Bullying and Harassment in the Workplace conference is designed to help businesses and public sector organisations across Scotland understand the implications of the Worker Protection Bill. We will discuss strategies for building a positive, respectful workplace culture, the importance of regular training, and how to comply with evolving legal requirements. Attendees from Scottish employers (including private, public and voluntary sector organisations) will gain practical insights from industry experts on how to navigate the new legislation, manage workplace dynamics, and foster environments free from harassment and bullying.

The Worker Protection Bill signifies a pivotal moment for workplace safety. By prioritising the prevention of harassment and holding employers to higher standards, it aims to create healthier, more respectful work environments.

Sign up to find out about strategies for creating safer work environments, ensuring compliance with evolving legal standards, and supporting a zero-tolerance culture.