Gregg Wallace, a man synonymous with BBC show MasterChef, is facing serious allegations of sexual misconduct. Following an internal BBC investigation, which included interviews with multiple women spanning a 17-year period, the media reported on allegations against Mr Wallace which included making inappropriate sexual comments, telling sexualized jokes and engaging in unwanted physical contact. The seriousness of these allegations has forced him to step back from his role as Masterchef presenter.
This highlights the ongoing prevalence of sexual harassment in the entertainment industry and the responsibility of networks to address and prevent such behaviour. However, sexual harassment remains an issue in every industry, including throughout the private sector. In a TUC poll published in May 2023, 58% of women said they had experienced sexual harassment, bullying or verbal abuse at work.
With sexual harassment in the spotlight and the festive season and its associated social events upon us, companies must take care to protect their staff, particularly in light of the recent changes to sexual harassment law. Below, we look at the new law and how employers can avoid issues this festive season.
What are the legal obligations?
We have already covered the changes and background to the Worker Protection (Amendment of Equality Act 2010) Act 2023 in a previous article.
As a reminder, this introduces a new proactive duty to take "reasonable steps" to prevent employees being sexual harassed in the course of their employment, whether by colleagues or third parties (such as customers or members of the public).
This new preventative duty will be truly tested for the first time this festive season, and employers must ensure that measures are in place to ensure compliance with the new duty and to avoid the potential legal repercussions if they are not.
What preventative measures can employers take?
To mitigate risks this party season, employers should consider the following steps:
- Policy Review: Ensure that equality, diversity and harassment policies are up-to-date and clearly communicated to all employees. The Equality and Human Rights Commission’s recently updated guidance on preventing harassment in the workplace (the Guidance) recommends that employers have a separate policy which specifically relates to sexual harassment.
- Training: As per the Guidance, all staff should have been provided with training on sexual harassment. If not, do this quickly!
- Clear Communication: Consider sending an email to all staff before work events (including Christmas parties), reminding them of the company's zero-tolerance approach to sexual harassment, expected standards of behaviour and potential consequences if these are breached.
- Risk Assessments: Companies must undertake risk assessments to identify and mitigate the risk of sexual harassment in the course of employment. These should include work events, including the risks associated with exposure to alcohol and interactions with third parties.
- Alcohol Management: Consider limiting the amount of alcohol supplied to staff and offer non-alcoholic alternatives to reduce the risk of inappropriate behaviour at events.
The festive season, whilst a time for celebration, also presents challenges for businesses. The relaxed atmosphere and increased alcohol consumption can, unfortunately, lead to situations that may result in allegations of sexual harassment. In a recent survey, 1 in 10 employees (10.5%) stated that they would not be attending their company’s work Christmas party due to a fear of their harasser being there or the fear of potential sexual harassment.
It is essential to remember that such incidents not only harm individuals but can also severely damage a company’s reputation, lead to costly legal battles and erode employee morale. By taking proactive steps to prevent and address harassment, businesses can protect their employees, mitigate risks and maintain a positive work environment and culture.
How can we help?
BPE can help employers take a proactive approach by offering a comprehensive, legally compliant set of policies and procedures, as well as training on the new duty to take reasonable steps to prevent sexual harassment. Please do get in touch with BPE’s Employment Team for further advice, assistance and any training requirements.
These notes have been prepared for the purpose of articles only. They should not be regarded as a substitute for taking legal advice.
