Worker Protection Act – updating policies & procedures

This training course helps you updated your policies and procedures to meet the demands of the worker Protection act.   

It is for Policy Developers, Directors, HR Teams and Senior Leaders.

Sexual Harassment at work remains rife, indeed there are few organisations where it is not present in some degree, in one form or another. A wide range of activities, including banter and jokes, if left unchecked, can lead to discrimination, sexual harassment and employment tribunals.  Sexual Harassment, remains largely, unreported because those who experience or witness it do not believe their concerns will be treated seriously.  Swept under the carpet it festers and grows, driving demotivation and staff turnover. When it surfaces it is often accompanied by resignation and tribunal claims.

The Worker Protection (Amendment of Equality Act 2010) Act 2023 aims to prevent sexual harassment at work.  It places employers under a specific duty to take reasonable steps to prevent the sexual harassment of their employees in the course of their employment.  This, ultimately, demands employer comply with the related, Equality and Human Rights Commission’s (EHRC), duty and codes of practice.

This training course enables employers to take stock of their existing anti-harassment procedures, update or introduce additional policies to ensure they have a robust “not acceptable here” framework in use. 

It also explains the need for policies/procedures to be fully implemented and demonstrates how to achieve and evidence this.  Building on all of the above the course also illustrates how, in a worst-case scenario, employers can evidence compliance with the EHRC duty and to present a robust defence if challenged.

FOR WHOM
This one-day course is for those involved with reviewing, updating or writing policies and procedures relating to the prevention of sexual harassment at work.   It is split into 2 distinct sessions. The first session explains sexual harassment and the demands of the Worker Protection Act, including an overview of indicative policy content.  The second session explores the required policies and procedures in detail together with the associated requirements for robust implementation and evidencing. 

This, if required, enables Directors, Governors and Senior Leaders to attend the first session, update their knowledge on, the demands of the Worker Protection Act and highlight any organisational priorities that need to be taken into account during the following on development/implementation phase.   The second session is can be attended by all or just those involved in actual policy development. 

CONTENT

Part 1 – UNDERSTANDING Sexual Harassment at Work & THE WORKER PROTECTION ACT

This 2-hour session explains sexual harassment and the demands of the Worker Protection Act, including an overview of indicative policy content.  It briefs participants, including where appropriate, Directors, Governors and Senior Leaders, on the demands of the Worker Protection Act.  It also provides opportunity for those tasked with developing the related policies and procedures to be reminded of any organisational priorities that need to be dovetailed with the said policies and procedures.

  • Understanding Sexual Harassment at Work
    • Definitions of harassment and bullying with a specific focus on sexual harassment
    • Typical issues and behaviours reported to UK Employment Tribunals
    • Six reasons why sexual harassment goes unreported
    • Spotting the signs of sexual harassment

  • The Worker Protection Act and the Drivers Behind it
    • Existing Legislation
    • The duty of Care – EHRC and Organisational
    • The new duty
    • Fines and Penalties
    • EHRC code of practice and the need to evidencing compliance

  • EHRC steps for preventing Sexual Harassment at Work, including:
    • Review, Update and Implement Anti-harassment Policies
    • Indicative Policy Content
    • Engage with staff
    • Risk Assess
    • Implement Robust Reporting Mechanisms
    • Training employees
    • Handling Complaints and Reports
    • Managing Third Parties

  • Other Considerations – Preparing to Defend
    • Importance of effective responses to complaints and concerns
    • The need for clear policies and procedures
  • Making implementation effective
  • Evidencing, compliance training and implementation
  • Further Sources of Help, Advice and Support

  • Questions and Answers
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PART 2 – policies and Procedures – WRITING, UPDATING and IMPLEMENTING

Part 2 is for those directly involved with reviewing, updating, writing and implementing policies and procedures to prevent sexual harassment at work and meet the requirements of the worker protection act.   It explores the required policies and procedures in detail together with the associated requirements for robust implementation and evidencing. 

2.1     Establishing a Robust Approach

  • The Worker Protection Act Revisited
  • The Employers duty of Care
  • The demands the Act places on employers
  • The potential penalties – Monetary, Publicity, Loss of Goodwill
  • Creating an Open and Supportive Culture
  • The Importance of a clear “Not Acceptable Here” policy
  • The need to live the policy
  • Handling Harassment should it occur
  • Characteristics of Perpetrators
  • How to deal with any harasser – tips and techniques
  • Reporting Sexual Harassment Experienced
  • Reporting Sexual Harassment Witnessed
  • Incorporating into Policies and Procedures
  • Managing Complaints
  • Responding to Complaints and Concerns
  • Investigating Complaints and Concerns
  • Sanctions and Disciplinary Measures

2.2    Understanding the Policy Framework

  • Overarching Context of the Preventative Duty
  • EHRC Codes of practice
  • Clear Definitions
  • Monitoring and Coverage
  • Links to other policies
  • Corporate Governance
  • Managers and Supervisors
  • Employment
  • Interns and Volunteers
  • Managing Third Parties – Customers/Service Users
  • Awareness Raising and Training
  • Policies and Procedures

 2.3 Typical Policy Structure

  • The Policy Statement – “not acceptable here”
  • Underpinning Legislation
  • Definitions and examples of sexual harassment
    • Physical conduct
    • Verbal conduct
    • Non-verbal conduct
  • Policy extent and coverage
  • Complaints and reporting procedures
    • Informal complaints mechanism
    • Formal complaints mechanism
    • Outside complaints reporting mechanisms
  • Training, Development and Recording
  • Sanctions and Disciplinary measures
  • Policy Issue, review and update

2.4   Effective Policy Implementation

  • Staff training – style focus and frequency
  • Management training – style focus and frequency
  • Recording and evidencing training
  • Incident recording
  • Monitoring and evaluation
  • Legal Team ratification.

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