Bullying and harassment are significant workplace issues and while most employers have policies in place to prevent such behaviour, many people are too afraid to raise a complaint without fear of reprisal.
The recipients of these inappropriate behaviours are more likely to experience anxiety, stress and lowered confidence as well as increased absences and even resignations. By taking a zero-tolerance approach to all forms of bullying and harassment, employers can ensure their duty of care to ensure the health, safety and welfare of their staff is met and potential employment claims avoided.
____________________
With effect from 26th October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced a proactive duty on UK employers to prevent sexual harassment in the workplace. This change is aimed at improving protections for employees in situations involving third-party harassment by customers, clients, or other non-staff. Employers are now responsible for taking reasonable steps to prevent harassment.
Under the new provisions, employers are advised to:
- Implement Clear Anti-Harassment Policies: Organisations should have clear guidelines that address both internal and external harassment, ensuring employees understand acceptable behaviours and their rights.
- Conduct Risk Assessments: Employers are encouraged to regularly assess workplace risks for harassment, taking into account industry-specific factors and work settings.
- Provide Staff Training: Regular training on recognising and reporting harassment is recommended.
- Establish Reporting and Support Systems: Reporting channels and a clear process for handling complaints should be in place.
The new duty does not yet cover other forms of harassment beyond sexual harassment, but employers are encouraged to extend similar preventative measures across all types of potential discrimination. The Equality and Human Rights Commission (EHRC) will have enforcement authority.
Employers should review policies, provide training, and implement comprehensive risk assessments, as these preventative steps will support compliance and encourage an inclusive and safe workplace.
Sills & Betteridge LLP understand that bullying and harassment in the workplace can not only be detrimental to staff but also to your reputation as an employer, therefore dealing with such behaviour properly is important. If you require advice and assistance dealing with bullying and harassment within your company, or advice on how to implement these recent changes, we are on hand to help.
