Law enforces workplaces in security field to address sexual misconduct
The Lowdown on New Workplace Sexual Harassment Rules for Security Professionals 🔒💼
Get ready, security sector! A shift is coming in 2024 when it comes to sexual harassment in the workplace, and it's crucial to be prepped and informed. Specialist lawyer Helen Murphie spills the beans on the ins and outs of the new laws, and what you can do to stay compliant. 📖
On October 26, 2024, under the Equality Act 2010, employers must take "reasonable" measures to prevent sexual harassment of their staff in the workplace. Failing to comply may lead to steep increases in compensation at the Employment Tribunal (ET), potential enforcement action and fines from the Equalities and Human Rights Commission (EHRC), and reputational damage.
Section 40A of the EqA brings about a significant change in UK discrimination law as it places a new duty on employers to implement effective measures to stop sexual harassment of their employees by staff and third parties. This means employers will need to anticipate potential incidents by assessing risks of sexual harassment and implementing strategies to prevent issues from arising. ETs will weigh the steps an employer has taken to stop such unlawful conduct and may even increase compensation awards. The EHRC recommends engaging with staff and unions to tackle specific workplace risks.
So, What's Considered Sexual Harassment? 🙅♂️
Under the EqA, sexual harassment is "unwanted conduct of a sexual nature" with the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. Unwanted behavior may include:
- Touching, groping, assault, or rape
- Sending explicit emails, text messages, or photos
- Lewd comments, R-rated jokes, or sexually suggestive gestures
- Asking intrusive questions about personal or sex lives
- Spreading sexual rumors
- Secret filming or recording, and more
What Steps Should Security Pros Take? 🕵️♂️
1. Culture Makeover 🧱
Engage and educate leaders to set the tone for appropriate behavior. Involve them in drafting and implementing the Sexual Harassment Policy and send a clear message that harassment will not be tolerated.
2. Knowledge is Power 🔍
Gain insight into the issue by conducting a risk assessment, surveys, reviewing past complaints, establishing task groups, and consulting with employees and unions.
3. Establish Effective Reporting and Addressing Processes 📝
Broaden and simplify channels for employees to report harassment. Enhance training for grievance and disciplinary officers to ensure fair and thorough investigation.
4. Comprehensive Training 🎓
Educate all staff, HR, and managers about identifying, reporting, and preventing sexual harassment, tailoring training based on sector-specific risks and power dynamics in the workplace.
5. Assign the Harassment Prevention Police Squad 🤝
Designate senior managers and HR professionals to monitor compliance with the duty and record complaints and outcomes.
6. Support the Victims 🤗
Offer support and resources (such as counseling, mental health services, temporary relocation, or reassignment) to help victims recover and feel supported.
In last year's survey by FFA Security Group, 99% of female security employees reported experiencing sexual harassment. Be part of the solution by learning the ropes and setting your organization on the right path toward compliance and fostering a respectful, harassment-free workplace. Happy harboring! 🌟
Helen Murphie, Partner and Head of Business Immigration, ebl miller rosenfalck
Enrichment Data:
Risk Assessments ⚖️
- Employers should assess the risks of sexual harassment arising from employees, customers, suppliers, and third parties.
- Understand sector-specific risks and work environments.
- Identify high-risk areas.
Anti-Harassment Policies 📝
- Clear, comprehensive policies defining sexual harassment, outlining acceptable behavior, and setting procedures for reporting and dealing with complaints.
- Regular policy updates and well-communicated standards.
Wide-Ranging Training 🎤
- Comprehensive training for all staff, particularly managers, addressing recognition of harassment, appropriate responses, and creating an inclusive workplace culture.
- Content tailored to the specific nature and risks of the business.
Reporting and Monitoring Systems
In the realm of business and finance, security professionals should take proactive steps to address sexual harassment situations under the new Equality Act 2010 regulations. This requires establishing effective measures to assess, prevent, and address sexual harassment, as well as implementing comprehensive training courses for all staff members. Ignoring this call to action may lead to severe penalties, such as steep compensation increases, enforcement action, fines, and a tarnished reputation within the industry.
