Leaders who just want to dip their toes in…
Olivia Broderick
Executive PA @ stopsexualmisconduct.co.uk | Stop Sexual Misconduct
Compliance is one of the major factors to running a successful business, sadly over the past 12 month’s our certified awareness training courses have only been undertaken for businesses due to “an incident has occurred” the damage was already done, of course this could have been prevented, hindsight is a wonderful thing.
I will attempt, in a watered-down version to explain what our basic awareness training covers. I will also explain what the law states, as this is a statutory requirement.
Now there is no avoidance of the new law, which every employer (no matter the size of the workforce) must (and yes, it is a legislative mandatory requirement) under the Worker Protection (Amendment of Equality Act 2010) Act 2023 take a “Preventative Duty” and “Reasonable Steps” to stop sexual harassment within the workplace.
The Basic Training
This course has been designed with over 3 decades of expertise in mind, it is not a simple ‘dip your toe’ course and goes far beyond the mandatory requirement.
The Basic Stop Sexual Misconduct Within the Workplace covers the following areas:
A.??? Aims and purpose of the basic awareness training.
B.??? Introduction to the “Worker Protection (Amendment of the Equality Act 2010) Act 2023”.
C.???What is the meaning of the ‘workplace’ in relation to sexual harassment.
D.?? What percentage of men and women combined have experienced sexual harassment at work in the last 12 months.
E.??? Vulnerability.
F.?? ?Impact on People.
G.?? What constitutes as Sexual Misconduct, Sexual Harassment, and Sexual Assault?
H.?? Consent.
I.???? Categorising Sexual Misconduct behaviours.
J.????Protecting Staff from Abusive Third Parties.?
K.?? Steps to take if you are a target of sexual misconduct (how to report).
L.??? Active bystander intervention - the five steps.
M.? False Allegations.
N.?? Compliance.
O.?? What The Law Says.
The Law.
The main framework to the Worker Protection (Amendment of the Equality Act 2010) Act 2023” is twofold and is a statutory obligation for all employers, no matter the size of the workforce.
1.???? Preventative Duty.
2.??? Reasonable Steps.
?
What is “Preventative Duty”:
Simply put all staff are required to undertake basic awareness training.
All directors, management, HR, superiors, team leaders receive enhanced awareness training in the following subject matters:
A.??? The ramifications of the Worker Protection (Amendment of the Equality Act 2010) Act 2023.
B.??? How to receive a report and what to do.
C.??? Protection for those making complaints or assisting with an investigation.
D.? ? How to undertake an investigation.
E.??? Enforcement Guidance.
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F.??? In depth legal requirements as an employer.
G.?? And much more.
The basic awareness training must be undertaken to receive the certificate for enhanced awareness training.
Once the above has been completed as an employer you will be halfway to meeting your statutory obligation.
?
What are “Reasonable Steps”.
?1.???? The policy and procedures on Sexual Harassment must be part of the employer’s induction process.
2.??? Our own technical guidance recommends a Sexual Harassment policy and procedures be a stand-alone policy. This also falls in line with the current Equality Commissions guidelines and is part of the Worker Protection Act.
3.??? Everyone should be encouraged to report concerns.
4.??? The policy and procedures should be up to date.
Policy.
1.?The Worker Protection (Amendment of the Equality Act 2010) Act 2023 was created to protect all employee’s and it ensures employers are legally compliant and is part of section 172 of the Companies Act –
“As a director we bring to your attention section 172 Companies Act 2006. By now all directors should be aware of The Worker Protection Act (Amendment of the Equality Act) Act 2023 and the new duty to take proactive steps to prevent sexual harassment.
Section 172 of the Companies Act 2006 concerns the duties of a company director and requires him to “act in the way he considers in good faith would be most likely to promote the success of the company for the benefit of its members as a whole and in doing so, have regard (amongst other matters) to . . .” a range of considerations expressly including “the interests of the company’s employees”.
A failure to comply with that duty is deemed equivalent to a breach of fiduciary duty, notwithstanding the legal obligation to prevent sexual harassment happening in the first place, this is called?vicarious liability.
Liability - Consequences of not have the correct procedures in place.
1.???? Ultimately, under the new act if the employer did not take the above steps, then inevitably there will be Employers Liability insurance implications. You can be fined ￡2,500 every day if you are not properly insured. You can also be fined ￡1,000 if you do not display your?EL?certificate or refuse to make it available to inspectors when they ask.
2.??? Insurers may not cover costs for those employers who deter non-compliance to legislation action.
3.??? Action on sexual harassment needs to be taken in a holistic way; small changes based on compliance and liability-avoidance are not enough, although Employer’s Liability insurance may not cover such costs as investigations or defending such allegations and damages awards or may not be willing to provide further cover if the above factors are not in place as the new law requires.
Stephen Cooper
Managing Director
Disclaimer
This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. stopsexualmisconduct.co.uk (c) 2024
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