by Clair Mooney | 10 Oct, 2024 | Employment
On 26 October 2024, the Worker Protection Act will come into force, which puts a new duty on employers to take “reasonable steps” to prevent sexual harassment at work. The new responsibilities mark a shift towards a proactive, preventative approach . To help members get prepared, FIS Associate Member Citation has put together a brand-new legal update going into detail about everything you need to know.
We’ve put together a detailed guide to the new rules outlining the steps you can take to proactively prevent harassment in your business which you can access here.
What is the new duty?
Sexual harassment is defined in the Equality Act as “unwanted conduct of a sexual nature that has the purpose or effect of violating an individual’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for the victim”
Employers are vicariously liable for acts of harassment carried out by their employees, even if they were unaware of these acts and would not have approved of them, unless they can show that they took “all reasonable steps” to prevent the harassment occurring.
Under the new rules, employers have a new, proactive duty to take ‘reasonable’ steps to prevent sexual harassment occurring. It’s intended to focus employers on putting measures in place to minimise the risks of incidents of sexual harassment arising in the first place.
How will a breach of the duty be enforced?
There are two ways action can be taken if you breach your duty:
- Employment tribunal proceedings and
- Enforcement by the Equality and Human Rights Commission (EHRC)
Employment tribunal proceedings
Workers can’t bring a stand-alone tribunal claim for breach of this new duty. But if they bring a successful claim which involved sexual harassment to any extent, the tribunal has to consider whether the employer failed to take ‘reasonable steps’ to prevent the sexual harassment occurring.
If so, the tribunal can increase the compensation awarded by up to 25%. For example, if an employee is awarded £50,000 in compensation for sexual harassment they suffered at work and the tribunal felt that the employer had not taken reasonable steps to prevent this happening, they could increase the award by 25%, bringing the total compensation awarded to £62,500. The size of the uplift will depend on the extent to which the tribunal believes the employer breached their duty to take preventative steps.
Enforcement by the EHRC
The EHRC is Britain’s independent equality and human rights regulator. The Equality Act gives the EHRC enforcement powers such as:
- The power to conduct investigations.
- The power to issue an unlawful act notice if an investigation finds an employer to be in breach of their obligations. The employer would then need to prepare an action plan setting out how they’ll remedy the breach and stop it happening again.
- The power to make action plans or enter into legally binding agreements with the employer to prevent future breaches.
- The power to apply for injunctions against a person in breach of their duties.
Unlike employment tribunals, the EHRC can take stand-alone action for a breach of the new duty – so even if no acts of sexual harassment have happened, they could take action against you for not taking reasonable steps to prevent it.
Does the new obligation cover acts by third parties?
The Equality Act originally included provisions making employers liable in certain circumstances for acts of harassment by third parties, but these were repealed in 2013.
The notes to the Worker Protection Act make it clear that the new rules don’t give workers the right to bring a tribunal claim under the Equality Act against their employer for sexual harassment by third parties. However, the EHRC updated their guidance to employers on preventing sexual harassment on 26 September 2024 and made it clear that they would consider a failure to take reasonable steps to prevent sexual harassment by third parties to be a breach of the new duty for which they could take enforcement action. So, you should make sure that harassment by third parties is covered in your policies and procedures.
How should employers approach preventing sexual harassment in the workplace?
The EHRC guidance makes it clear that to comply with the new duty to take reasonable steps to prevent sexual harassment, you need to anticipate scenarios where your workers could be subject to sexual harassment and take action to prevent it.
Carrying out a risk assessment will be key to proving that you’ve complied with this new duty. Your risk assessment should:
- Assess the risk of workers being exposed to sexual harassment (including by third parties) and
- Outline what steps you can take to minimise those risks
The EHRC also recommends that employers consult with employee representatives about the measures they plan to put in place.
10 steps which can help prevent sexual harassment in your business
- Carry out a risk assessment
- Have the right policies in place
- Ensure your policies are available to all workers
- Train all workers
- Train managers
- Have clear reporting channels for formal and informal complaints
- Respond to complaints appropriately
- Monitor trends
- Review and evaluate the effectiveness of your policies on an ongoing basis
- Communicate your strategy for prevention, for example publish your completed action plan.
by Clair Mooney | 10 Oct, 2024 | Employment, Skills
The Countdown to OpenDoors25 is well and truly underway and members across the supply chain can now register the events they are planning to offer from Monday 17 ‐ Saturday 22 March! Everyone can play their part in inspiring careers in construction by opening up sites, offices, manufacturing facilities and training centres across the UK, and our Open Doors Partners have already listed an exciting range of events, including Canary Wharf Group’s Wood Wharf, Sunbelt Rentals’ Wetherby Utilities Depot, and Willmott Dixon’s Bridgend College Town Centre Campus.
Construction needs to recruit 50,000 new entrants a year and Open Doors is a unique opportunity for young people and those looking for a change of career to go behind the scenes and see just what the industry has to offer. We know that schools and colleges require advance notice to organise visits, so please register your events as soon as possible, and further information can be found in the latest Open Doors update.
by Clair Mooney | 2 Oct, 2024 | Employment
Autumn sees significant Employment Law changes with three legislative changes. To support members, FIS Associate Member Citation has produced an essential guide packed with an expert analysis of the Employment Rights Bill, Equality (Race and Disability) Bill, and Skills England Bill set out in the King’s speech with actionable tips so members can ensure compliance.
Members can download their copy at https://tinyurl.com/22558pwz
by Clair Mooney | 10 Sep, 2024 | Employment, Labour, Main News Feed
Sector-based work academies (SWAP) are another DWP Funded programme that can support individuals transitioning into a new field of work. They provide training and education for those currently receiving unemployment benefits. The goal is to equip them with the skills needed to apply for jobs in a different sector. Academies are tailored to meet the immediate and future recruitment needs of employers, ensuring the workforce is prepared to support business growth.
FIS is working with West London College and DWP to deliver SWAPs in the area.
A key component of the SWAP model is the provision of a guaranteed job interview, work experience, or employment, enabling members to efficiently recruit candidates
Recruiting through a SWAP has many benefits, such as:
- Employers get access to candidates who have undergone relevant pre-employment training tailored to the specific needs of the job role.
- Trial period for candidates
- The work experience component of SWAP allows employers to assess candidates’ suitability and fit for the role in a real-world setting before making permanent hiring decisions.
- By providing tailored training and work experience, SWAPs help ensure candidates are well-prepared for the job, which can lead to higher retention rates.
- SWAPs often focus on helping unemployed individuals, including those from underrepresented groups, re-enter the workforce, enhancing workforce diversity.
- Participation in SWAPs demonstrates a company’s commitment to supporting local employment initiatives, which can enhance its reputation within the community.
West London College have put together a short video detailing what the SWAP includes.
Please get in touch if you can support and are able to offer work experience or employment and keen to get involved in the SWAP.
FIS has a dynamic Skills Board that helps to drive our work in this space. If you would like to join the Skills Board or have a colleague who could help target our collective effort, please do consider getting involved. Find out more here.
by Oscar Venus | 9 Aug, 2024 | Employment, Labour, Skills
In a Written Ministerial Statement to Parliament, Home Secretary Yvette Cooper has set out plans to reduce net migration in favour of sectors “sourc[ing] the skills they need here at home”. Promising a new approach that “links migration policy and visa controls to skills and labour market policies”, she has commissioned the Migration Advisory Committee (MAC) to review the reliance of key sectors on international recruitment, starting with engineering and IT, which have consistently been on the list of shortage occupations for over a decade. The Government will keep a number of changes introduced by the previous Government, including maintaining the salary threshold for Skilled Worker Visas at £38,700 and scrapping the 20% going rate discount for overseas workers in shortage occupations.
Build UK’s flowchart provides an overview of the process of employing a worker from outside the UK in construction, with detailed guidance on How to Get a Sponsor Licence and How to Apply for a Skilled Worker Visa.
Find out more about FIS work to address the Skills Shortage here
by Oscar Venus | 25 Jul, 2024 | Employment, Labour, Main News Feed
With new home building targets and a pent up pipeline of high rise residential and commercial projects, the respite from labour shortages in the sector are likely to be short lived. FIS is exploring two interventions that can support members in finding work ready people.
How can you get involved in Bootcamps?
FIS Bootcamps will initially target trade roles. The programme involves an period of intense training to get people site wise and trade aware before letting them loose on site. These are similar to the successful Build Back model that FIS ran several years ago, but funding is more flexible and can be tailored more effectively for the businesses offering work experience.
To get these off the ground FIS will be collaborating with training providers and the Department for Education. The programme is zero cost to employers. The funding provided through the Department of Work and Pensions (DWP) covers the initial training and induction of the candidates – the employers involved need to offer work trials and/or employment. The process identifies and recruits candidates from the local area and will include self-employed Green CSCS Cardholders, prison leavers and job seekers. The Bootcamp presents an great opportunity to tap into the local labor market and support your recruitment as well as assist with delivery of Section 106 and equivalent social value requirements. The training locations span across London, Essex, Suffolk, Greater Manchester Combined Authority, West Yorkshire Combined Authority, and North East Mayoral Combined Authority. The aim is to onboard over 100 new Drylining candidates in England between September and January 2025 through these bootcamps based on cohorts of 12 candidates .
Your support for this initiative is crucial. Whilst no commitment to employ candidates is required, we will not be starting cohorts without employer support and we would ideally like to involve you from the candidate assessment stage.
If you are interested and can think you can support a drylining home building, taping and jointing or commercial drylining bootcamp let us know. You can set up a dedicated cohort (if you can commit to 12 work placements) or you could commit to supporting a smaller number and we can look to collaborate with other employers. To stress you will not be expected to fund the training or employ unsuitable candidates, but you will be required to offer work trials.
If you want to find out how FIS Bootcamps can work for you please contact Beena Nana.
Making use of Sector Based Work Academies
Sector-based work academies (SWAP) are another DWP Funded programme that can support individuals transitioning into a new field of work. They provide training and education for those currently receiving unemployment benefits. The goal is to equip them with the skills needed to apply for jobs in a different sector. Academies are tailored to meet the immediate and future recruitment needs of employers, ensuring the workforce is prepared to support business growth.
FIS are working with West London College and DWP to deliver SWAPs in the area.
A key component of the SWAP model is the provision of a guaranteed job interview, work experience, or employment, enabling members to efficiently recruit candidates
Recruiting through a SWAP has many benefits, such as:
- Employers get access to candidates who have undergone relevant pre-employment training tailored to the specific needs of the job role.
- Trial Period for Candidates
- The work experience component of SWAP allows employers to assess candidates’ suitability and fit for the role in a real-world setting before making permanent hiring decisions.
- By providing tailored training and work experience, SWAPs help ensure candidates are well-prepared for the job, which can lead to higher retention rates.
- SWAPs often focus on helping unemployed individuals, including those from underrepresented groups, re-enter the workforce, enhancing workforce diversity.
- Participation in SWAPs demonstrates a company’s commitment to supporting local employment initiatives, which can enhance its reputation within the community.
West London College have put together a short video detailing what the SWAP includes.
Please get in touch if you can support and are able to offer work experience or employment and keen to get involved in the SWAP.
FIS has a dynamic Skills Board that helps to drive our work in this space. If you would like to join the Skills Board or have a colleague who could help target our collective effort, please do consider getting involved. Find out more here.
