Business owners and HR managers may be aware of the significant change to anti-harassment law which happened on 26th October 2024 signalling a zero-tolerance approach to harassment in the workplace. Here are three top tips from HM3 Legal to protect your business and empower your workforce.
Who does the legal change apply to?
The change applies to all businesses in England and Wales, without exception. If you have 1 or 10,000 employees, you’re affected. If you’re a producer or supplier, you’re also affected. It is now your legal duty to update employees about this important legal change so they know how it will affect them.
Three actions you can take now
- Review your policies and procedures to prevent workplace harassment. Will they stand up to a potential claim being made? The new law is likely to require more than merely updating written documents – specific employee training may be needed to raise awareness and change behaviours.
- Would the processes you have in place pass the ‘reasonable’ test? All employers must address unacceptable behaviour and provide proof of reasonable steps taken to stamp out workplace harassment. There is no opt-out to taking action.
- Do your employees know the legal difference between harassment, bullying and banter? Can you provide all-important proof that your business is taking the new law seriously? If not, it may be time for your HR team and line managers to find ways to train employees about anti-harassment and diversity, equality and inclusion.
Why change and why now?
The legal change is due to an increase in claims being brought (the new law also allows a Judge to add 25% to an award if a business cannot prove it has taken ‘reasonable steps’ to prevent workplace harassment). The update aims to provide supportive and safer working environments where employees can feel better protected – including stamping out harassment by third parties associated with work.
This brief video from HM3 Legal here provides further tips.
As well as strengthening the law, this change aims to promote positive working cultures important for health and wellbeing. Additional benefits of psychological safety include fostering loyalty and employee engagement.