Tougher action against bullying in the workplace could mean the end of company parties, lawyers warn. At the same time, superiors will be held more accountable in the future to prevent abuse.
As part of the workers’ rights reform initiated by Angela Rayner, the government is currently revising a future rule that will force companies to provide evidence that they have taken steps to prevent the sexual abuse of their employees.
The Workers’ Protection Act, which will come into force in October, was watered down last year after colleagues said requiring employers to take “all reasonable steps” to end harassment could result in an “almost infinite number of steps” for companies.
However, the government has confirmed that it is reintroducing the word “all”, a move lawyers say will have “significant practical implications”.
James Davies, employment partner at Lewis Silkin, said clients had raised concerns about the impact of the changes.
“All” preventive measures
While the previous wording of the rule meant that companies would have to demonstrate that they had taken certain preventative measures, such as training for their employees, Mr Davies warned that “all” preventative measures could include a crackdown on alcohol-fuelled company events.
He said: “This means they must visibly go further – for example by taking steps to mitigate the risk of harassment at any work event where alcohol is consumed.
“Measures to mitigate discomfort could include advising staff in advance of the behaviour to expect, ensuring anyone who feels unwell knows how to respond and perhaps even limiting excessive alcohol consumption.”
It’s not just formal company parties that could be affected. Mr Davies added that many employees “don’t realise that a company party is an extension of the workplace, possibly even when employees agree to go to the pub after work and the event is not organised by the employer.”
Companies are preparing for “significant changes”
Nicholas Le Riche, partner at BDB Pitmans, said the bill represented a “significant change” for employers and could impact all “team-building events”, not just after-work drinks.
Even if no harassment occurred, employers could still be held liable under the new system if they could not prove that adequate protective measures were in place, he warned.
Companies are currently preparing intensively for the change by reviewing the practices of all third-party providers and requiring their employees to participate in sexual harassment training.
In a training presentation seen by the Telegraph, employees are told that “grabbing, groping, kissing, fondling or touching another person’s body” and “sexual sitting or gesturing” are examples of unwanted sexual behaviour.
“Do not sexually harass colleagues,” the training document states, adding that “repeated requests for dates” and “suggestive looks, staring or lascivious staring” are unacceptable.
Boardrooms are preparing for change after Parliament’s Finance Committee raised concerns months ago that women in the financial industry were afraid to speak out about workplace abuses because they felt the City was a “man’s world”.
Women who have been harassed at work believe their HR departments are only “focused on protecting the company rather than the victims”, MPs warned in a report on tackling sexism in the City.
