The positive duty to prevent sexual harassment: A critical responsibility for employers
The concept of "positive duty" in the workplace has gained significant traction, especially with new legal requirements compelling employers to take proactive measures to prevent sexual harassment. This proactive stance is not just a legal obligation but a moral one, essential for fostering a safe, respectful, and inclusive work environment.
Understanding the positive duty to prevent
Positive duty requires employers to implement reasonable steps to prevent sexual harassment before it occurs. This shifts the focus from reactive measures—responding to incidents after they happen—to proactive prevention. This approach is crucial for creating a workplace where all employees feel safe and valued.
Key components of positive duty
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Comprehensive policies and procedures: Employers must develop and enforce clear, accessible policies that define unacceptable behaviour and outline the process for reporting harassment. This ensures that employees understand their rights and the mechanisms available to them for addressing grievances.
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Regular training: Providing ongoing, tailored training for all employees, including management, is essential. Training should cover recognising harassment, understanding its impacts, and learning intervention strategies. This helps create an informed and vigilant workforce.
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Clear reporting mechanisms: Establishing multiple, confidential reporting channels encourages employees to report incidents without fear of retaliation. Ensuring that these mechanisms are well-publicised and accessible is crucial.
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Leadership commitment: Leaders must model appropriate behaviour and demonstrate a strong commitment to maintaining a harassment-free workplace. Their proactive involvement in promoting and enforcing policies sets the tone for the entire organisation.
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Continuous monitoring and Improvement: Conducting regular audits and risk assessments helps identify potential areas of concern. Employers should gather employee feedback and adjust policies and training programmes based on this input to ensure they remain effective.
The legal landscape
In the UK, the Worker Protection (Amendment of Equality Act 2010) Act, effective from October 2024, mandates that employers take "reasonable steps" to prevent sexual harassment. This duty underscores the importance of proactive measures and introduces significant penalties for non-compliance. If an employer fails to fulfil this duty, employment tribunals can increase compensation awards by up to 25% for claims involving sexual harassment.
Australia has also implemented similar obligations under its Sex Discrimination Act, requiring employers to take "reasonable and proportionate measures" to eliminate sex discrimination, sexual harassment, and other gender-based harm. These measures are enforced by the Australian Human Rights Commission, which has the authority to monitor compliance and take action against non-compliant employers.
Benefits of implementing positive duty
Enhanced Workplace Culture: A proactive approach fosters a culture of respect and safety, leading to higher job satisfaction and morale.
Legal Compliance and Risk Reduction: By taking preventive measures, employers reduce the risk of legal disputes and the associated costs.
Improved Productivity: Employees who feel safe and respected are more engaged and productive, contributing to the overall success of the organisation.
Attracting and Retaining Talent: Companies known for their commitment to a safe and inclusive workplace are more likely to attract and retain top talent.
Take action with Enmasse
We offer comprehensive training programmes designed to help organisations understand and meet their positive duty obligations:
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Understanding & preventing sexual harassment at work: Learn to identify unlawful behaviours through clear definitions and examples. This course outlines the responsibilities of employees, managers, and organisations, offering practical steps and tips for responding to adverse behaviours. Empower yourself to protect, support, and build a respectful work culture.
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Respect and equality at work: This module explores the three main areas of workplace behaviour for which there are legal protections: discrimination, harassment, and bullying. It highlights your responsibilities as an employee and provides strategies to manage disrespectful behaviours, including safe ways to intervene as a bystander.
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Contact officer training: A half-day workshop defining the role of the Contact Officer. Learn to set appropriate boundaries and ensure people’s wellbeing while educating about positive duty, discrimination, bullying, harassment, and other workplace issues.
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Bystander Index: This anonymous online survey helps individuals build their bystander skills, providing feedback on competencies and customised tips. Available as a standalone or in conjunction with our "Optimising Respect as an Active Bystander" workshop.
Embracing the positive duty to prevent sexual harassment is not just a legal requirement; it's a critical step toward creating a healthier, more productive workplace. By implementing comprehensive education, clear policies, supportive environments, committed leadership, and regular feedback mechanisms, organizations can proactively address and prevent sexual harassment, ensuring a safer and more respectful environment for all employees.
Investing in these training programmes is a crucial step towards creating a safer, more inclusive workplace. To learn more about how Enmasse can support your organisation's DEI goals, contact us today.
References:
https://www.jdsupra.com/legalnews/new-duty-to-prevent-sexual-harassment-1380852/
https://www.peterboroughtoday.co.uk/business/employers-warned-to-review-policies-4669968
https://www.dentons.com/en/insights/articles/2024/june/17/the-customer-is-always-right-beware-employer-responsibility
https://www.theguardian.com/australia-news/article/2024/jun/07/australian-border-force-abf-apology-misconduct-bullying-sexual-harassment-discrimination
