New Anti-Harassment Legislation Coming into Force

At the end of October, we see the latest evolution of anti-harassment employment legislation coming into force. There will now be a positive duty for employers to take reasonable steps to prevent sexual harassment of their employees in the course of their employment, a duty underlined by enhanced Tribunal remedies for failure to do so. 

Hopefully, your environment is such that you will feel that it is unnecessary to say what is and isn’t acceptable. Ensuring that stays the case is achieved by keeping clear on what we will, and will not, tolerate and sharing that with the people around us, so we all know where we stand.  

As an employer we will need to consider our team members in the broadest context of their employment. Who are they encountering and in what contexts? We will need to have a regard to colleagues, customers and clients and our supply chain. Who are the people involved, what are their interactions, how might they unfold?  

Do our customers and business contacts know what we consider inappropriate? Do we know how we will respond to that behaviour from them? Do our team know our view and how we will deal with a problem arising? It’s an uncomfortable topic to be talking about when we don’t feel it is necessary. But the hope of the legislation is that by talking early and often, we make conversations simpler (if not necessarily easier) when they become necessary. 

Training is going to be critical. Reviewing that and evidencing both that you do it and you check whether it is working and how you’ve adjusted it as needed, will go a long way to giving your business comfort.  

Do you have reporting and support mechanisms visibly in place for all, and the structures in place to ensure that we show that we are continuing to learn and refine our response and preventative measures? 

Importantly, while you can leave HR to be the “fun police” it is crucial that everybody knows, understands, and plays their part in making work a safe place to be and perform at our best.  

For more details on how we can help you plan and be prepared for this change in legislation – please contact Sean McDonough, Managing Partner and Employment lead, Mogers Drewett Solicitors and Financial Planners  

Sean McDonough – Managing Partner & Employment Lawyer

sean.mcdonough@mogersdrewett.com

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