In this blog, CIPD chief executive Neil Carberry explains what the new duty to take all reasonable steps to prevent sexual harassment means in practice, and why a policy and a training module won’t be enough.
When employment law changes, organisations tend to reach for the usual suspects: a new policy, updated guidance and another training module. Perhaps a line or two in a town hall meeting.
Sometimes that is exactly what is needed. But when the rules on preventing workplace harassment change later this month, employers — and the people profession — should ask a harder question.
From 30th October, employers will be required to take all reasonable steps to prevent sexual harassment at work. Employers will also face a new duty relating to harassment of employees by third parties, including customers, clients and suppliers.
This is not simply about how an organisation responds when something has gone wrong. It asks employers to think beforehand about where risks exist, who might be exposed to them and what reasonable action could prevent harm.
That requires more than a policy. It requires professional judgement, a clear understanding of risk and a workplace culture in which people know what behaviour is acceptable — and feel confident challenging what is not.
Every workplace is different. The risks in a hotel are different from those in a professional services firm. Someone working alone late at night may face different risks from someone in an office during the day. A junior employee dealing with powerful clients may be in a very different position from a senior colleague. And in some settings, alcohol or other factors can make inappropriate behaviour more likely.
Where are the power imbalances in your organisation? Where do employees interact with customers or other third parties? Where might inappropriate behaviour go unchallenged? Do people know how to raise concerns? And, crucially, do managers have the confidence and capability to act — including when something feels off, before it becomes a formal complaint?
And there is a wider point here for our profession.
Preventing harassment requires more than knowing what the law prohibits and taking a tick-box, process-heavy approach. It takes the judgement to recognise when something may be going wrong, the confidence to challenge inappropriate behaviour before it escalates, and the ability to advise leaders on what needs to change.
That will not always be straightforward. Managers may need to intervene when behaviour is inappropriate but has not crossed a legal threshold, or when a pattern of conduct is more troubling than any single incident. People professionals need to give them the confidence, capability and support to make those calls.
The law provides essential protections. But good employers should not treat the legal threshold as the point at which their responsibility begins.
Of course employers should review policies. Of course training may need updating. And organisations should make sure managers understand both the new requirements and their own responsibilities.
But the real test is not whether an organisation can produce a policy when somebody asks for it. It is whether it understands its risks — and whether anything changed as a result.
Did people feel able to speak up earlier? Did managers intervene sooner? Were known risks reduced? Did employees understand the boundaries? Did the organisation learn when something went wrong?
That is a much higher standard than proving everyone completed an online training module.
It is also how the people profession earns its place as a trusted adviser, rather than simply an owner of processes. We bring evidence, judgement and the confidence to make difficult calls — and we take responsibility for the advice we give.
We should be clear about the law and the evidence. We should explain the judgement behind our advice, be prepared to defend it and be willing to change it when the law or evidence changes.