Employers with a presence in the United Kingdom now have less than three months to ensure they are compliant with new workplace harassment regulations.
The changes, which become effective in October, involve two primary updates. Employers will now be required to take “all reasonable steps”—as compared to current language requiring “reasonable steps”—to prevent workplace sexual harassment. The regulations are also expanding to include employer liability for any type of harassment conducted by third parties.
When the changes go into effect, it “will mark a fundamental shift in U.K. workplace harassment law,” Natasha Adom and Philip Cameron of labor law firm Littler recently wrote in a post on the news. The shift will “significantly” raise the stakes for employers, they say, and reinforce “a broader move away from reactive complaint handling towards proactive prevention, governance and risk management.”
A changing compliance environment
Recent research from compliance training solutions provider Traliant sheds light on the pervasiveness of workplace harassment. More than one-third of the 2,000 employees surveyed have witnessed harassing behavior at work in the last five years, and one in five have been subjected to it themselves. About one-quarter didn’t report it to their employer, with fears of retaliation the top reason they avoided reporting harassment.
The UK regulations are part of a broader policy trend, Adom and Cameron say, toward rooting out harassment at work.
“The risk of harassment issues arising, together with the related reputational, cultural and legal consequences, is not new,” they say. “What is new is the extent to which these legal and regulatory developments increase employer exposure and raise expectations around prevention, reporting and response.”
In particular, employers affected by the UK regulations need to focus on prevention, as clarity on how “all reasonable steps” will be defined likely won’t come until next year. Adom and Cameron suggest the language could extend to ongoing assessments, published policies and reporting processes.
They advise HR to ensure risk assessment and action plans are robust enough to meet the new provisions, including harassment by third parties. Review current policies around reporting—including the channels used and investigation procedures—to determine if they’re both compliant and “encourage a speak up culture.” Practical training for managers is also essential, which they say should help them spot red flags, respond appropriately and further fuel cultures where employees feel safe to share or report issues.
“The strategic message is clear,” they write. “Employers that act early to strengthen prevention, leadership capability and workplace culture will be best positioned to navigate rising legal standards, regulatory scrutiny and workforce expectations.”
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