Nick Henderson-Mayo: The Worker Protection Act leaves no room for complacency

With the implementation of the Worker Protection (Amendment of Equality Act 2010) Act 2023, employers are under greater scrutiny to prevent and address workplace sexual harassment and bullying.

This legislation imposes a proactive obligation on employers, mandating they take “reasonable steps” to prevent sexual harassment and foster a safer, more respectful work environment. While compliance with this law is crucial, it is a watered-down version of what once was proposed.

Merely meeting legal requirements is insufficient for fostering a truly inclusive and respectful workplace. With the Employment Rights Bill already announced which will broaden the requirements to include “all reasonable steps” and re-introduce protections against third-party sexual harassment, the time is now for organisations to embrace a broader, proactive approach, focusing on culture, support, and accountability to ensure their policies have a meaningful impact.

Beyond compliance: building a proactive anti-harassment culture

Many organisations historically viewed anti-harassment policies as a legal shield rather than a cornerstone of workplace culture. The Worker Protection Act specifically challenges that narrative to place a legal requirement to implement proactive steps. This shift, however, demands that HR leaders recognise that while laws outline minimum standards, they don’t necessarily create the cultural change needed for a safe workplace.

To foster genuine respect and inclusivity, companies must actively champion these values, making it clear that there is zero tolerance for harassment, bullying, or any other behaviour that undermines the dignity of employees.

Building this proactive culture starts with open, clear communication from leadership. When leaders openly discuss their commitment to combating harassment, it sets an example that employees can follow. Such communication might involve regular discussions on the company’s harassment policies, frequent reminders of acceptable conduct, and encouragement for employees to discuss concerns.

Having a strong stance on these issues, backed by transparent policies and a commitment to handling complaints responsibly, makes employees more likely to feel comfortable and supported in speaking up.

Empowering employees to speak up

A key barrier to addressing workplace harassment is the hesitation many employees feel in reporting incidents. This reluctance often stems from fear of retaliation, doubt that their claims will be taken seriously, or uncertainty about the reporting process. Overcoming these barriers requires creating a safe environment for employees to voice concerns without fearing negative repercussions.

Anonymous reporting channels, like a dedicated hotline or online form, can be valuable in giving employees a discreet avenue to raise concerns. But anonymous channels alone aren’t enough; they must be paired with clear assurances that all reports will be thoroughly investigated and handled confidentially. Additionally, organisations should train managers and HR personnel on how to handle reports sensitively, building trust and demonstrating a commitment to justice and fairness in the workplace.

Enabling bystanders to intervene

Another critical piece of the puzzle is bystander empowerment. Often, employees may observe inappropriate behaviour but feel powerless to intervene, unsure of how they can help or worried about potential backlash. Encouraging bystanders to step in and providing them with the tools to do so can be transformative in curbing harassment.

Bystander intervention training helps employees understand that they don’t have to confront perpetrators directly to make a difference. Strategies might include subtle actions like creating a distraction, checking in with the person experiencing harassment afterwards, or reporting the behaviour to a manager. When employees see their peers actively taking steps to address inappropriate conduct, it reinforces a culture of accountability and mutual support.

An important aspect of bystander intervention is building a workplace where employees feel comfortable acting on behalf of their colleagues. Leaders should make it clear that bystander intervention is valued and respected within the organisation, even rewarding those who take action when appropriate. By creating a system where bystanders feel appreciated and supported, organisations demonstrate that they value every employee’s role in creating a respectful workplace.

Accountability as a core principle

To make meaningful progress in preventing harassment, accountability must be prioritised at every level. This means setting up transparent processes for handling complaints, following up on reports, and ensuring that perpetrators face appropriate consequences. Holding individuals accountable not only serves justice but also strengthens employees’ trust in the organisation’s commitment to safety and respect.

Accountability starts at the top. When leaders commit to setting and upholding high standards, they show employees that no one is above the rules. This includes managers, executives, and long-tenured employees, who might otherwise be perceived as “untouchable.” Consistent accountability also involves reviewing and refining policies to close any gaps that might undermine enforcement. For instance, organisations might review their anti-harassment policy every year to ensure it aligns with current best practices and addresses any emerging issues.

Training and education as an ongoing commitment

Training is a cornerstone of any harassment prevention strategy, yet too often it is treated as a checkbox item. Effective anti-harassment training goes beyond the basics, helping employees recognise subtle forms of harassment, understand their rights, and learn how to support colleagues experiencing inappropriate behaviour. In addition to regular anti-harassment training, training should also highlight empathy, respect, and inclusivity.

These programs should focus on reinforcing values that go hand-in-hand with harassment prevention, such as open communication, collaboration, and a shared sense of responsibility for maintaining a positive workplace.

Training should also be ongoing. Sexual harassment training must be repeated regularly, not just during onboarding, to ensure employees internalise the information and stay up to date on their responsibilities. Refresher courses and scenario-based training can help employees practise real-life applications, allowing them to feel more prepared to respond if they witness or experience harassment.

Transparency in policies and procedures

A transparent approach to handling harassment not only reassures employees but also strengthens an organisation’s credibility and integrity. Transparency means ensuring that all employees know exactly what steps will be taken if they report harassment, including who will handle their complaint, how it will be investigated, and how the outcome will be determined.

Providing clear guidelines on the company’s policies can also prevent misunderstandings about what constitutes harassment. This involves a detailed explanation of unacceptable behaviours and scenarios, examples of harassment, and guidance on how employees should report concerns. Making these policies easily accessible—whether in employee handbooks, communications or regular training—gives employees the information they need to make informed decisions about their own behaviour and empowers them to report misconduct confidently.

No room for complacency

The Worker Protection Act mandates organisations take a proactive approach to preventing harassment, and this marks an essential shift toward safer, more inclusive workplaces. Yet compliance alone isn’t enough. To genuinely prevent harassment and support all employees, organisations must go beyond legal mandates, fostering a culture of respect, accountability, and openness. By prioritising transparency, enabling employees to speak up, and reinforcing accountability, HR and business leaders can create a workplace where everyone feels safe and valued.

With the Worker Protection Act in place and the coming Employment Rights Bill, there’s no room for complacency or excuses. By taking a holistic approach that centres on both compliance and culture, organisations can become champions of employee welfare, making harassment prevention a defining feature of their workplace. This not only protects the organisation from legal repercussions but also contributes to a positive, productive environment where every employee can thrive.