Preventing Harassment Under the New Worker Protection Act

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A recent employment tribunal case involving Asda serves as a wake-up call for employers on the importance of properly handling workplace harassment allegations. The supermarket was ordered to pay an employee almost £30,000 after failing to act when he experienced repeated sex discrimination and assault by a female co-worker.

This case highlights several critical lessons that all organisations must learn to prevent similar costly situations:

• Take All Complaints Seriously: The tribunal found that for several months, Asda did "nothing" after the male employee reported being repeatedly kicked and kneed in the backside by his female colleague. Regardless of the genders involved, all harassment complaints deserve prompt investigation. Employers cannot brush off same-sex harassment as harmless banter.
• Follow Established Procedures: Asda mishandled the investigation process at multiple steps - failing to interview witnesses, delaying excessively, and providing no updates to the complainant. Clear anti-harassment policies and procedures must be in place and followed consistently. Deviating from them can enable harassers and open the door to legal liability.
• Address Discrimination Claims Head-On: When the Asda employee tried raising his sex discrimination grievance internally, the company essentially ignored his core accusation. The tribunal highlighted this "airbrushing away" of the issue. Employers must directly grapple with claims of illegal discrimination rather than avoiding them.
• Protect Victims from Ongoing Harassment: Despite the repeated incidents, Asda took no action to separate the employee from his harasser, forcing an ongoing uncomfortable situation. After a harassment complaint, employers should consider temporarily reassigning the parties to prevent further issues during the investigation.

The financial and reputational impacts of mishandling harassment claims are severe. Strong policies, training, and a clear investigative framework are essential for prevention and properly addressing issues that do arise.

Looking Forward - The Worker Protection Act

The importance of getting this right is heightened by upcoming legislation in the UK. The Worker Protection Act, taking effect on October 26, 2024, will create a new duty for employers to take reasonable steps to prevent sexual harassment of employees.

The Equality and Human Rights Commission (EHRC) will publish guidance outlining the proactive measures expected of employers to meet this duty. Employment tribunals will have authority to increase compensation awards by up to 25% where employers breach this duty by failing to take reasonable preventative steps.

With the #MeToo movement raising awareness, the bar is rising for employers to prove their commitment to safe, harassment-free workplaces. Implementing robust reporting systems, regular staff training, board-level accountability, and zero-tolerance cultures communicated from the top down will likely be viewed as essential reasonable steps.

The path for employers is clear - inaction and inadequate prevention efforts pose significant legal, financial, and reputational risks. In today's landscape, employers who sidestep or inadequately address harassment complaints do so at their own risk. The Asda case makes clear that taking comprehensive, proactive measures to get ahead of these issues will protecting employees, reputation, and the bottom line. Prevention is key.

Still unsure on what steps to take? Contact us at [email protected] for further guidance and upcoming legislative changes related to sexual harassment in the workplace. We are here to support you through this development and ensure compliance with the latest regulations.