According to a survey, half of companies are not aware of the upcoming sexual harassment law

When asked, almost half (45 percent) of UK companies were unaware that the Worker Protection Act would come into effect this month, although two thirds (66 percent) said preventing sexual harassment was “highly important” to their company.

The Worker Protection Act, an amendment to the Equality Act 2010, which will come into force on October 26, requires employers to take “reasonable steps” to prevent sexual harassment of their employees.

Under the forthcoming rules, if a labor tribunal finds that an employee has been sexually harassed and the preventive duty has been breached, it can order the employer to pay an increase in the compensation amount of up to 25 percent.

Employee Protection Act: How should employers prepare?

New EHRC guidance on sexual harassment: what does it mean for employers?

Employers are unprepared for upcoming sexual harassment legislation, survey finds

Of the 1,001 CEOs, owners and HR professionals from companies with more than 250 employees surveyed by Culture Shift, only two in five (39 percent) felt their company was “very well prepared” to deal with allegations of sexual harassment, namely 93 percent on the grounds that there are obstacles to changes in dealing with sexual harassment. A third (33 percent) felt organizations still lack formal harassment policies.

Half (49 percent) cited employee communication as the biggest obstacle, while 38 percent said ingrained behaviors needed to be challenged and addressed. Additionally, while 85 percent said they recognized the benefits of an effective reporting system, only 59 percent of respondents had reporting channels in place.

Jainika Patel, senior associate specializing in employment law at Freeths, said that while it was still less than a month away, it was “not too late to move forward”. However, employers would have to be “proactive in their preparations”. She encouraged employers to comply newly published EHRC guidance.

For example, she said: “It is crucial to undertake and undertake a risk assessment.” This assessment must be tailored to the organization and should consider factors that could increase the likelihood of sexual harassment and measures that can be taken to address it minimize. These could include power imbalances in the workforce; lone worker; night work; Customer contact tasks; social events and alcohol consumption.”

Patel also warned: “It is no job to implement measures if they are not regularly reviewed to see how effective they actually are.”

HR and employment law consultant Grace Pariser said the legislation not only means employers have a duty to prevent other workers from sexually harassing them, but they also have a duty to prevent workers from being sexually harassed by third parties, including customers and suppliers, would be harassed and contractors. Overall, she echoed Patel, adding, “Don’t forget to monitor what you do. To truly change the culture, you have to dig deep and make sure your actions make sense.”

Andrew Willis, deputy general counsel at Croner, said: “While some employers have already begun preparations, many still need to not only implement what they need to comply with the new duty, but also meet the existing requirements to take appropriate steps “To prevent sexual harassment in the workplace.”

He said developing a solution consistent with the new duty would take time and close review of the EHRC guidance. “With only a few weeks left, this must be a priority,” he said.

“This risk assessment is critical to complying with the new law, but it is not too late to undertake it. It is also not too late to ensure that existing procedures are robust enough to meet the new duty, or to start introducing them where they are not already. For example, it is important to provide employees with a confidential way to report harassment. It is an important part of the duty to have such a process in place and to inform employees about it.”

Gemma McCall, chief executive of Culture Shift, said it was “clear to see that there is a gap between perceptions of readiness and actual levels of readiness for the introduction of the Workers’ Protection Act”, adding that there is an urgent need to that employers react accordingly speed.

“[Being] “If someone is found guilty of failing to protect employees from sexual harassment in the workplace, there are serious consequences,” she said. “Beyond the immediate financial burden of compensation, potential fines and legal fees, companies may face a range of additional negative commercial and reputational impacts […] The key to success is to go beyond superficial compliance and create fundamental cultural change.”

Read the CIPD’s editorial on preparing for the new sexual harassment duty