Ahead of the new legislation coming into force this month (26th October 2024) the EHRC (Equality and Human Rights Commission) has published updated technical guidance. The legislation requires employers to have taken reasonable steps to prevent sexual harassment and will require to evidence the steps that they have taken to avoid a 25% uplift in remedial tribunal fines. This guidance has been long awaited and gives us some indication on what might be considered “reasonable”.
It is expected that the recommendation includes developing and widely communicating a robust anti-harassment policy, including third-party sexual harassment. It would be our recommendation that your policies are cross referenced and that you take deliberate steps to distribute to your employees and get sign off that they have seen, read and understood. Many HR software packages (for example Breathe HR) will include this functionality and give you the evidence that you have shared with employees. You should also include in employee communications, at staff team meetings and keep a record of those comms.
Next, you should make regular risk assessments to identify where sexual harassment may occur and the steps that will be taken to prevent it. This will allow you to identify specific risks; for example lone working sites or teams in which there is a heavy gender bias. It will also encourage discussion about possible remedies or prevention measures. These up-to-date risk assessments would be invaluable evidence of practical steps that you have taken. We have developed a risk assessment proforma which can be adapted to your business. If this would be helpful, please contact us to secure your copy and talk to us about how this can be bespoke for your needs.
You should create an open culture in which you can engage with staff through one to ones and authentic conversations. Through this, you can find out what is happening, identify if there are any issues and take early steps if required. If you carry out surveys and exit interviews these should inform your thinking. Feedback is given either to adopt suggestions or to explain where they are not possible to demonstrate listening and engagement.
Whatever action you take, it should be monitored and evaluated to analyse the effectiveness of actions. That way you will have evidence to demonstrate the steps you have taken, to demonstrate that you have taken preventative measures and you have a robust defence.
In summary you need to have appropriate policies and procedures which are communicated and understood; you need to carry out risk assessments and take steps to minimise possible risks; create an environment in which people can speak up or call out and have a register through which you can evidence the steps that you have taken.
There will be legislative penalties if such steps are not followed. There are also increasing expectations of staff to be adequately protected whilst at work and for robust preventative measures to be in place and openly visible, which should be actively met.
At Gravitate HR we recognise that a structured recruitment process can often be time consuming. We can provide expertise at any stage in the process as detailed above so if you need support with your next recruitment exercise or campaign, why not book a call or contact us on 0141 459 7458 to see how we can help.
Follow up on our most recent blogs here: Blog – Gravitate HR
The new Labour legislative changes are taking shape and our team has produced a series of clear and concise ‘Guides’ breaking down the relevant employment and HR-related areas of likely change to provide practical help. Please click on this link: Legislation Changes – Gravitate HR to download these. We will also be posting regular blogs as the updated legislation comes in.
