With the introduction of the Worker Protection (Amendment of Equality Act 2010) Act 2023, set to come into force in 2024, law firms face a critical shift in their responsibilities regarding workplace harassment, says Debbie Fowler. This new legislation requires firms to take proactive steps to prevent sexual harassment, moving beyond reactive measures and aiming to foster a safer and more respectful workplace culture. Additionally, employers will be held liable for third-party harassment, significantly expanding their obligations.
Why This Matters to COLPs
COLPs (Compliance Officers for Legal Practice) play a pivotal role in ensuring that their firm not only complies with legal standards but also maintains a workplace environment that upholds the highest ethical and professional values. The new duty under the legislation emphasises the importance of a preventative approach. Firms should not wait for incidents to occur but must anticipate and mitigate risks. This aligns with the SRA Principles, which emphasise acting with integrity, upholding public trust in legal services, and promoting equality and diversity.
Third-Party Harassment: A New Obligation
One of the most significant changes introduced by the Act is the reintroduction of liability for third-party harassment. This means that employers are responsible if their staff are harassed by clients, customers, or suppliers. Firms must now take reasonable steps to prevent this type of harassment, just as they would for harassment between employees. This change places an increased onus on risk management and ensuring that every interaction between employees and third parties is respectful and professional.
When to Act
The time to act is now. With the legislation set to take effect in 2024, COLPs must start reviewing and updating their firm’s policies and procedures immediately. This should include conducting comprehensive risk assessments to identify potential scenarios where sexual harassment or third-party harassment could occur. A holistic strategy that integrates training, monitoring, and continuous evaluation of preventative measures will be critical.
What Steps Should COLPs Take?
Draft and Implement a Comprehensive Sexual Harassment Policy:
It is crucial to have a clear and detailed sexual harassment policy in place. This policy should:
- Define what constitutes sexual harassment.
- Provide examples of unacceptable behaviour.
- Outline the process for reporting incidents.
- Explain the consequences of violating the policy.
- Emphasise confidentiality and protection against retaliation for those who report harassment.
Address Third-Party Harassment in Policies:
The new legislation requires policies to cover harassment that may arise from interactions with clients, suppliers, or other third parties. Firms should consider implementing protocols to manage client behaviour and ensure staff are protected in all workplace settings, including virtual environments and client-facing situations.
Ensure Integration with Other Key Policies:
COLPs should review and update related policies to ensure consistency and comprehensive coverage:
- Equality and Diversity Policy: Ensure this policy reflects the firm’s commitment to a workplace free from harassment and discrimination and aligns with the new legislative requirements.
- Social Media Policy: Update to prohibit sexual harassment or inappropriate behaviour on social media platforms, including sharing sexually explicit content or engaging in harassing behaviour online.
- Data Protection Policy: Revise to cover the handling of sensitive information related to complaints and investigations of sexual harassment, ensuring compliance with data privacy regulations.
- Disciplinary and Grievance Procedures: Amend to outline clear steps the firm will take in response to allegations of harassment, ensuring they reflect the proactive stance required by the new law.
Training and Awareness:
Implement regular training sessions for all staff, emphasising the importance of respect and inclusivity. This training should include information on third-party harassment, ensuring that staff understand their rights and the firm’s responsibilities. Continuous refreshers are essential to reinforce key messages and keep employees informed of any legislative updates.
Monitoring and Reporting Mechanisms:
Establish clear reporting lines and encourage a culture where employees feel safe to speak up without fear of retaliation. Regularly review the effectiveness of these measures and ensure that the firm demonstrates active risk management to the SRA and other regulatory bodies.
Incorporating the SRA Principles
The SRA’s principles require firms to act with integrity, uphold public trust, and promote equality and diversity. By ensuring that your firm’s policies and culture reflect these principles, you will not only comply with the new legislation but also reinforce your commitment to ethical practice and client care. The SRA’s focus on workplace culture, particularly its emphasis on fair treatment, respect, and accountability, aligns perfectly with the proactive stance required by the new law on sexual harassment.
Reporting to Regulatory Bodies
There is a requirement to report any suspicions or incidents of sexual harassment to the SRA. Where incidents of sexual harassment may constitute a criminal offence, firms also have a duty to consider reporting the matter to the police. All reports must be managed with strict confidentiality to protect the privacy and rights of all parties involved. Clear reporting protocols should be communicated within the firm and integrated into training and awareness programs.
A Thought-Provoking Perspective
The introduction of this legislation provides an opportunity for law firms to reflect on their internal culture and make meaningful changes that go beyond mere compliance. As Chris Sweetman and Jonathon Bray discuss in their blog Shaping The Future: Leveraging The Power of Culture, a firm’s culture isn’t just about policies on paper; it’s about the behaviours, values, and attitudes demonstrated daily by every member of the firm. By embedding these principles into the fabric of your firm, you can comply with the law, enhance your reputation, attract and retain talent, and ultimately deliver better outcomes for your clients.
Conclusion
The new sexual harassment legislation requires COLPs to take a proactive, thoughtful approach to compliance. By acting now, law firms can ensure they are fully prepared for the new duties under the Worker Protection Act 2023, fostering a safer, more inclusive workplace for all.
