This change affects every business in England, without exception. Who is likely to be affected the most? Industries with many employees such as in hospitality or manufacturing, and statistically, more women.
Harassment, bullying and banter can happen in-person or online and can extend to text or messages, and employer events (as they are seen as an extension of the workplace).
In the eyes of the law how the employee’s opinion is what matters.
Of course, there is the option to do nothing. Chris Hayes, our employment law Partner and Head of Innovation says:
“Given that the average sex harassment claim in the past year was around £40,000 there is obviously a huge risk to any business considering ‘sitting it out’ to see what happens.
“From October 26th there will be an added penalty for not taking steps to prepare and protect workers as a Judge can award an additional 25% in compensation.”
It may be possible to reduce risk and remove liability if your company can show it has taken ‘reasonable steps’ to prevent workplace harassment. Businesses can increase worker safety and reduce risk by adopting a thorough process, including training which is a vital part of demonstrating the all-important proof of actions taken beyond merely updating written policies.
Upskilling employees includes raising awareness about the legal distinctions between harassment, bullying and banter – and ensuring a reliable, regular and transparent process is in place.
Making sure all employees in your business know the legal difference between harassment, bullying and banter is important. Watch our brief video here which explains the change in the law and options to consider.
Justine Watkinson, our employment law Partner adds:
“Why create an anti-harassment package? Because we believe doing the minimum by updating written policies is unlikely to be enough to prove ‘reasonable steps’ have been taken!
“Training your people can safeguard employees so they feel supported at work, and protect businesses from claims and sizable fines.
“We work with in-house HR teams and help employers navigate tribunals and litigation – yet we prefer to help businesses prevent claims in the first place.”
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