As an employer, it’s important to understand the scope of these changes, what steps you need to take, and how to ensure your workplace is ready to comply with the new rules.
Key Changes in the Legislation
The Worker Protection Act 2023 introduces a legal duty for employers to take reasonable steps to prevent sexual harassment in the workplace. This duty covers harassment not only by fellow employees but also by third parties, which could include clients, contractors, suppliers, or anyone else who interacts with your workforce.
The term “third party” is broad, meaning that even self-employed workers or those operating through limited companies (and performing the work themselves) can fall under this definition.
Employers will need to demonstrate that they’ve actively assessed the risks of sexual harassment, implemented measures to reduce these risks, and created a culture where sexual harassment is not tolerated.
While employers won’t be held directly liable for the actions of third parties, they will be responsible for taking reasonable steps to prevent harassment. If a third party does harass an employee, and the employer has failed to anticipate and mitigate those risks, the employer may be in breach of their legal duties.
Why This Matters to Employers in the Screen Industries
This legislation is particularly relevant in industries where workers may not be directly employed by the company but still work alongside your staff. For example, in the screen industries, many individuals are engaged on a freelance basis or through short-term contracts. These workers may be considered “third parties” under the law, and if they sexually harass your employees, the responsibility to have taken preventative action falls on you as the employer.
What Employers Should Do Now
Here are some actionable steps to ensure your company is ready:
1. Communicate the Change to Your Employees
Inform your employees about the upcoming changes in the law. Make sure they understand what these changes mean and how they will impact the way the company handles sexual harassment.
2. Conduct Risk Assessments
Review your current practices and workplace environment to identify potential risks for sexual harassment. Ensure that you assess not only employee-to-employee interactions but also the potential risks posed by third parties.
3. Implement Training Programmes
Consider implementing training for your staff to raise awareness about sexual harassment and provide clear guidance on how to report incidents. Training should cover prevention strategies and how employees should handle complaints if they arise.
4. Update Policies and Procedures
Ensure your policies related to harassment are up-to-date and comply with the new legislation. These should be easily accessible and clearly communicate the company’s stance on sexual harassment and the steps that will be taken to address any issues.
5. Create Clear Reporting Mechanisms
Establish clear, confidential reporting channels for employees to raise concerns. Employees should feel safe reporting incidents without fear of retaliation. This will not only help mitigate the risk of harassment but also demonstrate that the company takes these issues seriously.
6. Monitor and Assess
Regularly evaluate the measures you have put in place to ensure they are effective. This might include surveys or feedback from employees about their experiences and any concerns they may have.
Guidance from the EHRC and Acas
To support employers in complying with the new legal requirements, both the Equality and Human Rights Commission (EHRC) and Acas have issued comprehensive guidelines on preventing sexual harassment. These resources provide practical advice on creating a safe and respectful workplace.
EHRC: https://www.acas.org.uk/sexual-harassment/steps-for-employers-to-prevent-sexual-harassment
Acas: https://www.acas.org.uk/sexual-harassment/steps-for-employers-to-prevent-sexual-harassment
Final Thoughts
The Worker Protection (Amendment of Equality Act 2010) Act 2023 represents a significant shift in how employers must address sexual harassment in the workplace. This is an opportunity for employers to create a work environment that not only complies with the law but also promotes respect, safety, and inclusivity. Taking action now will help protect your workers, safeguard your company’s reputation, and mitigate the risk of legal action in the future.
If you have any questions about how to implement these changes or need further guidance, please don’t hesitate to get in touch. We’re here to help you navigate these important changes.
Written by 6ft From The Spotlight HR Associate, Lisa Balderson