Sexual Harassment In The Workplace – The Workers Protection Amendment
- Oct 29, 2024
- 6 min read
Updated: Oct 30, 2024
Gillian Managing Director of Emerge Development Consultancy which she founded 28 years ago. She is a Master Executive Coach working with many CEOs and managing Directors globally. She is also an international speaker and in 2020 was named by f: Entrepreneur as one of the leading UK Female Entrepreneurs in the I also campaign. In 2023 she was named as Leader of the Year by the Women’s Business Club.
In recent years, when we have delivered anti-sexual harassment programmes, we often get asked the question, “do we really need this, I mean surely things have improved in this day and age?” People often reference the days when men thought it was OK to pat women’s bottoms and comment on how sexy they look but wasn’t that rather “kind of 80’s behaviour”. I would love to answer ‘yes’ and say there was no need for this in 2024, but unfortunately, that isn’t the case – it may have lessened, but it also has evolved in many ways that remain challenging to address. And unfortunately, it only takes one case in an organisation to cause a huge amount of damage to both the company and the individual.
The good news is that workplaces around the world have increasingly focused on creating safe, respectful environments for their employees. The me too movement brought sexual harassment in professional spaces into the public eye, leading to significant changes in legislation, workplace policies, and individual behaviours. Statistics from the UK’s Office for National Statistics (ONS) in 2023 showed a 12% decrease in reported incidents of workplace sexual harassment from the previous five years, however recent data from a YouGov survey revealed that nearly 40% of women in the UK still report experiencing harassment or unwanted sexual advances at work.
And this doesn’t account for significant underreporting – there are still a huge number of women who do not come forward for many reasons, embarrassment, fear for their career, precedents in reporting in their industry, difficult and lengthy HR processes and many others. We meet some of these women on our Empowering Women’s Development Programme RISE and still constantly hear stories or both verbal and physical harassment. So, whilst sexual harassment policies have strengthened, training has increased, Speak Up programmes have been implemented and reporting strategies improved, it is clear that harassment persists, sometimes in more subtle or less visible forms that escape immediate detection.
Off-site functions: Extending protection beyond the office
One area that remains a particular concern is off-site and out-of-office events, especially as the holiday season approaches. For many organisations these gatherings where people are more relaxed, can bring blurred professional boundaries and an excess of alcohol consumption which can be a recipe for increasing the risk of misconduct. We would all like to think we don’t need to police these events, and that everyone understands professional behaviour, but statistics tell a different story. Research from the Institute for Women’s Policy Research indicates that over 25% of workplace sexual harassment cases in the past two years involved incidents at off-site functions or work-related social gatherings. Here is one story we were told in January this year from a woman who was still suffering after an incident at a corporate Christmas event. “A senior director kept finding ways to pull me aside, stroking my back, and leaning in closely to tell me how sexy I looked. I didn’t know how to react as I felt I couldn’t call it out there and then and when I returned to work, I felt so uncomfortable I just decided to look for a different job. That was my dream job, and leaving affected me deeply, but I just couldn’t face him every day.” Stories like this illustrate the need for everyone to be aware of policies and that they do not just apply to the office setting. The emotional, mental, and professional impacts on individuals who endure harassment should never be underestimated.
Not only can the impact be devastating to the individual but the cost for the organisation can be significant. The UK Equality and Human Rights Commission found that harassment incidents cost companies in the UK an estimated £8 billion each year in lost productivity, turnover, and legal costs. Moreover, a 2023 survey by the Chartered Institute of Personnel and Development (CIPD) revealed that 45% of employees who witnessed or experienced harassment felt disengaged from their work. There is also clear evidence that people who do not feel safe at work are less likely to be engaged and productive.
Legal developments: The workers protection amendment
For these reasons, it is good to see the government taking action to strengthen the legislation on sexual Harassment. The UK’s Workers Protection Amendment, which came into force on the 26th of October aims to bridge these gaps by legally mandating preventative measures for harassment and requiring that companies take proactive steps to protect employees, both in and outside the office. The amendment increases accountability for companies in terms of responsibility for preventing harassment not only at work but during work-related events. Employers that are found to have breached this newly strengthened duty may face tribunals with the power to increase a compensatory award by up to 25%.
The amendment moves responsibility from reactive to proactive responses to harassment claims by ensuring companies institute effective training and monitoring systems, including clear reporting structures, risk assessments and appointing designated individual responsibility for ensuring that harassment cases are handled promptly, discreetly and fairly.
These legislative advancements make it increasingly important for organisations to partner with experts to implement robust, legally compliant harassment prevention programmes. At Emerge we have been delivering customised anti-harassment programmes for many years but have recently updated our programmes to help organisations meet and exceed these standards, by ensuring managers are clear on their responsibilities and understand how to conduct a simple risk assessment.
Practical steps – Requirements of the workers protection amendment
Here are the essential steps organisations need to take to ensure the safety of their staff and comply with the amendment.
Review and communicate policies
It is critical that every organisation has reviewed, developed and widely communicated a robust anti-harassment policy, which includes third party sexual harassment.
Implement comprehensive training programs
Mandatory anti-harassment training should be more than a one-off event. Regular, interactive training sessions can help employees understand boundaries, learn about company policies, and feel empowered to report inappropriate behaviour.
Establish clear reporting channels
A well-structured, confidential reporting system is crucial. Companies must ensure that employees feel comfortable bringing concerns forward, whether incidents occur in the office or off-site. This may involve creating anonymous reporting options or appointing trained representatives to handle complaints. Another useful approach is to implement workplace ambassadors.
Enforce a zero-tolerance policy
While prevention is key, the reality is that harassment incidents may still occur. Having a zero-tolerance policy signals to employees that any form of harassment, regardless of location or context, is unacceptable and will result in immediate, fair investigation and action.
Address risks proactively
Employers must be proactive in assessing risk, identifying action and regularly reviewing their processes. Undertaking regular risk assessments to identify where sexual harassment may occur and the steps that will be taken to prevent it is critical. Many organisations will need different types of risk assessments for different areas – i.e. if there are different sites, dual working, etc.
Given the increased risks at out-of-office functions, particularly during the holiday season, companies should communicate clear guidelines for behaviour at these events. Employers should also consider appointing supervisors or designated HR representatives to oversee events where alcohol or other risk factors are involved.
Monitoring progress
It is also important that organisations are proactively aware of what is happening in the workplace and spot any warning signs, by engaging with staff through 1-2-1s, surveys and exit interviews. They should also monitor and evaluate the effectiveness of actions.
A call to action for a safer, inclusive future
In 2024, we cannot rest on our laurels – the conversation around sexual harassment continues, and whilst some progress has been made, the advent of social media and smartphones has added another layer to the potential for harassment. All team members need to feel both psychologically and physically safe at work to create and maintain a culture of respect. By being proactive, reviewing and updating policies and implementing training that is effective, companies can ensure that this happens which will protect both the organisation and the individual.
Read more from Gillian Jones-Williams
Gillian Jones-Williams, Emerge Development Consultancy
Gillian Managing Director of Emerge Development Consultancy which she founded 28 years ago. She is a Master Executive Coach working with many CEOs and managing Directors globally. She is also an international speaker and in 2020 was named by f: Entrepreneur as one of the leading UK Female Entrepreneurs in the I also campaign. In 2023 she was named as Leader of the Year by the Women’s Business Club, and has just been named as Businesswoman of the Decade is the Best Businesswomen awards.
Gillian founded the RISE Women’s Development Programme which is delivered both in the UK and the Middle East, and Saudi and is her absolute passion.
She is also the co-author of How to Create a Coaching Culture, 50 Top Tools for Coaching, and the author of Locked Down but Not Out which is a diary of the first 3 months of the pandemic to raise money for the bereaved families of the NHS workers who died during COVID-19.
Emerge provide specialist support and training on anti-harassment and inclusive cultures. If you want to know more about this support of any of our other training and development solutions, please do contact us on 01329 820580 or via info@emergeuk.com.
