Effective 26th October, the law now requires employers to take ‘all reasonable steps’ to prevent sexual harassment in the workplace.
Although the wording is similar to the previous phraseology, those 3 new words ‘all reasonable steps’ means it will now be significantly harder for organisations to defend claims, even if they don’t believe they have done anything wrong. It may also encourage claims that previously had little chance of success but where the employer hasn’t taken ‘all reasonable steps’ to prevent the behaviour complained of.
Clearly, employers will now need to be considerably more proactive at ensuring their employees do not sexually harass or discriminate against colleagues, customers etc.
So what does ‘all reasonable steps’ mean in reality? Although HR policies are important too, the only realistic way of achieving the new requirement is to train employees on what harassment is, and how to avoid it. And then tackle those employees who cross the line.
Our 40 minute ‘banter and behaviour in the workplace’ e-learning course does all of this. Click the link below for more details and to view a 2-minute demo of the animated course where we discuss a well known sexual discrimination tribunal case and the implications of the employee’s conduct for all concerned.
Banter & Behaviour in the Workplace
This new e-learning course describes the various forms of harassment and discrimination in an easy-to-understand format so organisations can appreciate where the bar is at work between acceptable behaviour and that which is likely to lead to a grievance or successful Tribunal claim.
You will be aware that compensation at tribunal for sexual and other discrimination claims is unlimited, it currently averages £36,607. On top of this, legal fees normally start at £7-10,000 in our experience and, even if you win, the chances of costs being awarded against the Claimant are vanishingly low.
So, as well as the cultural benefits of training your teams to avoid discrimination by treating others with dignity and respect, there is a massive financial reason to do so as well, not to mention the negative publicity attracted by such claims.
An important feature of our course is that there is a quiz at the end, where all who pass receive a certificate. If the worst happens, this can prove to be very good evidence at tribunal that you are a responsible employer that has trained your team in how to avoid harassing or discriminating against colleagues and others i.e. it helps to show that you have taken ‘all reasonable steps’. It may just tip the balance in your favour!
If you have any queries about the course, sexual harassment or discrimination in general please don’t hesitate to contact us. Discounts are available for bulk purchases e.g. if you wish to train the whole team or management team.