What if a customer sexually harasses your staff?

October 26th fast approaching!

The last Government took liability for third parties(customers) out of the Worker Protection Act’s (WPA) Preventative Duty on Sexual Harassment before it received Royal Assent.

One of the arguments used in the House of Lords was that it would give customers an HR Manager!

A week ago, the new Government said they will put third party harassment BACK in the New Duty.

And Equality and Human Rights Commission’s recently revised and published technical guidance now says:-

"In addition to the prevention of worker-on-worker sexual harassment, the preventative duty still includes a duty to prevent sexual harassment by third parties. This means customers, clients, service users, patients, friends and family of colleagues, delegates at a conference and members of the public "

What will you do if a customer sexually harasses your staff?

What anticipatory and proactive preventative  steps will you be taking to ensure that your third parties (customers, contractors, clients, service users  and other stakeholders) know about the behaviour they can expect from your staff AND what in turn you will expect from them?

·         Zero tolerance posters and literature?

·         Proactive clauses in contracts, customer service agreements and

          invitations to tender?

·         Possible termination or withdrawal of services?

One of my clients is going even further with breakfast briefings organised by them for all their stakeholders in order that mutuality of obligations can be explored in a positive  way to create and sustain “ win-win” convivial working/service relationships.

The benefits of compliance with the WPA are showcased at these briefings as well as the consequence of ignoring the new law, thus:-

Benefits for All

• Sets the scene for a modern dignity at work and customer environment

• Level playing field for everyone with equality of access and process

• Tool for staff retention-trust and morale high

• Customer Profits -retaining the Blue/Ethnic /Pink/Purple/Silver and Local

       £££s

• Procurement Advantages

• Withstand ever increasing media and law enforcement scrutiny

Consequences for Non-Compliance

• Reputational Damage through extensive media coverage of proven incidents

• Loss of staff –waste of talent

• Loss of customers

• Expensive legal costs and eye watering compensation awards

• Management Time

What are you doing to ensure your  customers, contractors, clients, service users  and other stakeholders know about the Preventative Duty on Sexual Harassment  from October 26th?

 Get in touch if we can help with training or policy advice

And are you ready for other new changes in your workplace?

The New Government also confirmed last Thursday a wide range of new employment law reforms that we will tell you more about in later newsletters AND of course now in all our training courses.

These changes include:-

• Day-one rights: The right to claim unfair dismissal from day-1 of

       employment, with the existing 2-year qualifying period to be removed

• Statutory probation period changes: The government will consult on

        introducing a 9-month statutory probation period, allowing for a proper

        assessment of an employee’s suitability for a role

• Exploitative zero-hour contracts will be banned: Workers on zero-

       hour contracts will have the right to guaranteed hours if they work regular

       hours over a defined period

• ‘Fire and rehire’ will be unlawful: The government are proposing to

        close fire and rehire loopholes to provide greater protections for workers

• Flexible working: The ability to request flexible working will become the

       default for all workers “where practical”

• Statutory Sick Pay: Changes including removing the lower earnings limit

       and scrapping the 3-day waiting period

More soon -or see you in training!