Managers’ new duty to prevent sexual harassment at work

Hello and welcome to Working It.

I just got back from a quick trip to the West Coast of the US with the Working It video team 📹. We filmed interviews with tech executives implementing innovative ideas that could become the future of work for us all. (We even zipped around San Francisco between film appearances in a driverless cab.)

Someone then pointed out to me on LinkedIn that companies in other sectors are also leading the way in this. Coolness does not automatically lead to innovation 😎. Fair enough, but innovation, and AI in particular, is in the air on the West Coast. A new gold rush is brewing – how will it end?

Read on for a warning about a UK law change that puts the onus on employers to prevent sexual harassment of staff. Plus, we welcome back career expert Jonathan Black 😌 with a question from a thirty-something in trouble. We will alternate “Dear Jonathan” questions about career development with office therapy dilemmas in the workplace.

If you have an idea for a story – or to improve this newsletter – please send an email to: [email protected]. Or collar me at an event: I’ll be there University of Oxford tomorrow evening (Thursday – a free lecture for students, staff and alumni of the university, register if you are too) and next week in Amsterdam on Reshaping the work 💬.

New law, new obligations for employers

The new Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force on 26 October. It requires employers to take “proactive and reasonable steps” to prevent sexual harassment of staff during their employment 🛑. The previous government launched a consultation on these changes in 2019, so it has been a long time coming.

It sounds reassuring and useful, but what, I wondered, does it actually mean for employers? Naeema Choudry, partner at law firm Eversheds Sutherlands, suggests what best practice entails: “Essential steps to take include carrying out risk assessments, reviewing and updating policies, planning and delivering training sessions, which should be adapted to the needs of those being trained. A one size fits all approach will not work. Also setting up clear and efficient reporting mechanisms and, importantly, ensuring senior leadership is involved.”

There can be serious consequences if companies do not act to protect their workforce. Naeema says: “Although a breach of the new duty does not entitle employees to bring a stand-alone claim in the employment tribunal, if they do bring a claim arising out of sexual harassment, and that claim is successful, the tribunal must the tribunal will consider whether the employer has taken reasonable steps to prevent sexual harassment. If the tribunal finds that reasonable steps have not been taken, it can increase any damages awarded by up to 25 percent. In addition, the EHRC (Equality and Human Rights Commission) can take enforcement action against the employer.”

What should managers do now? The first priority is to read and act on the EHRC guidance on this subject. “These guidelines include advice on actions employers can take to prevent and respond to harassment in the workplace. In addition, the EHRC has updated its 8-step guide to preventing sexual harassment in the workplace to reflect the new preventive duty.”

The new law applies not only to harassment in the physical workplace, but also to training events and social events. And while the law does not specifically cover harassment by third parties – such as customers or suppliers – the EHRC guidance does include this requirement, says Naeema: “This is particularly important in sectors such as retail, where you cannot always monitor customer behavior. check. . However, companies can make it clear to their customers, clients and suppliers that harassment of their employees will not be tolerated and that appropriate action will be taken against third parties who sexually harass them.

“It is also critical to support your employees by providing them with the training and skills to address inappropriate behavior and escalate issues.”

There’s a lot to consider. What effect will this change have? Is it enough? As we know, there is a ‘ticking culture’ in some workplaces ✅ and power imbalances are built into every organization. Mel Rodrigues is CEO of Creative Access, a social enterprise focused on improving diversity, equality and inclusivity in the creative industries. She has had a long TV career and welcomes the change in the law: “I hope this means no one has to endure the physical or verbal harassment I have previously experienced, which was often dismissed as ‘banter’ by bosses. ”

There is, of course, a ‘but’: ‘However, without clear guidance on what ‘reasonable steps’ really mean and what it takes to prevent harassment, companies risk falling short by addressing the power imbalance and cultural factors that drive it ensure that this intimidation continues. ”

As is often the case, it is not the rules and regulations that will make work better, but the intention and effectiveness of the people who implement them 👩🏽‍💻.

Consider this your take on this big change: the FT will cover the subject in more detail next week.

Further reading: The CIPD professional body for HRs has good, easy to read material.

Does your organization offer useful free resources about the new Worker Protection Act? (I hear “active bystander training” will be important.) Let me know and I’ll share my thoughts here: [email protected].

This week on the Working It podcast

Bankers and lawyers have ‘greedy jobs’ – they can work 80, 90 or 100 hours a week and get paid well – but have very little time for the rest of their lives 😰. What are they doing that takes all that time? And have things changed since the pandemic introduced hybrid and flexible working patterns? In this week’s episode, my colleague Bethan Staton has a wide-ranging (and eye-opening 👀) discussion with Suzi Ring, the FT’s legal correspondent, and Craig Coben, a former senior investment banker at Bank of America and now an FT Alphaville who contributing writer.

Dear Jonathan 📩

The question: I seem to be stuck in a “progression rut”. I work as a communications manager in a small team, but I am not directly responsible for anyone. If I want to progress into a role with more responsibility, “line manager experience” is listed as an essential requirement, but I don’t have it. Is there anything I can do to address this? Woman, 1930s

Jonathan Black’s advice: The move to line management can seem like an insurmountable barrier due to the risk aversion of employers, who only look for applicants who already fill the specific role they want to fill.

That leaves people like you wondering how they can move forward. Even if there is a vacancy within your own organization, it can be difficult for internal candidates to take that step up. That’s partly because management recognizes that you’re doing great work and would like to continue it, and also because it’s hard for the people who hired you for your current role to see you in a leadership position 🙄.

The only option may be to move to a new organization. How can you demonstrate previous line management experience, or its equivalent? An answer may lie with internal projects or external activities. Have you managed short-term freelancers for specific projects? It could be a videographer coming in for the day, an external podcaster/newspaper person coming in to interview senior staff, or when you were coordinating colleagues with external PR – all of these can be used to describe managing people.

Are you externally involved in managing volunteers for a charity, are you chairman of a school committee or are you organizing an event for an activity or hobby group? Each of these examples demonstrate line management skills and experience and will help you answer interview questions such as: ‘Tell us about a time when you led a team and . . . happened.”

If you do not have these experiences, or would like to add more, sign up for additional assignments, both inside and outside of work. For example, you could find and offer a student project 💡 – many universities try to involve students in voluntary short projects to gain meaningful experience in the business world. This benefits the students, would benefit you if you managed the project, and should provide useful information for the organization – all at no financial cost.

Do you have a career question for Jonathan Black? E-mail [email protected]. We anonymize all contributions.

Five top stories from the working world

1. Wall St banks tackle the workload of junior staff: Long hours are nothing new in investment banking, but some banks are asking staff to log their hours or limiting them to 80 hours per week. Joshua Franklin, Suzi Ring and Ortenca Aliaj discuss the ongoing debate over whether this is useful or not. Lots of interesting responses too.

2. The difficult work conversation AI has helped me with: Here you’ll find lots of tips from Emma Jacobs on how AI can help unblock our procrastination and insecurity, especially when it comes to the emails we put off.

3. Are directors of founder-led companies set up to fail? Stories about big egos and monstrous management abound in start-up land. Here, Anjli Raval explores the pitfalls for board members in founder-led organizations – and what can help.

4. My search for the perfect work soundtrack: Jo Ellison tries (and fails) to find the perfect mix of background noise and productivity-enhancing easy listening. Lots of good suggestions from readers in the comments.

5. Hard Graft at the Wellcome Collection: I reviewed this major (free) exhibition at the Wellcome Collection in London. It’s all about the physical and emotional labor of the jobs that too often go unnoticed – and financially unrewarded. Well worth a visit if you are in the area.

One more thing. . . .

Many people on my LinkedIn feed this week shared the same amazing animated data visualization from James Eagle about how people met their partners, 1930 -2024. As you might expect, family, school and friends topped the charts in the 20th century, but things changed after internet dating was introduced. . . will surprise you, even on the fourth or fifth viewing🌹.

This week’s giveaway

Five generations at work by Rebecca Robins and Patrick Dunne is the book we all need to navigate a multi-generational workplace. A few weeks ago I spoke with Rebecca about the topic of this newsletter, in advance of its publication. We can now give away 10 copies. Complete this form before 5pm UK time on Monday 21st October and we will randomly select winners from all eligible entrants. (To clarify, our book giveaways are worldwide 🌎: the publishers will send messages to you!)

And finally. . . HR professionals call 🙋🏽‍♂️

The FT is hosting a face-to-face session of its HR Forum with a breakfast panel at Bracken House, our City of London headquarters, on the topic of ‘Building a multigenerational workforce’. It’s on Wednesday, November 20 from 8:30 AM to 11:00 AM. Speakers include Louise Ballard of Atheni and author Rebecca Robins (see the book giveaway above).

If you are interested in coming along, please register using this form and the organizers will contact you.