How will the Worker’s Protection Act impact the hospitality industry
October 26th 2024 saw the implementation of the amended Equality Act, marking a significant change in an employers’ responsibilities regarding the prevention of sexual harassment upon their employees. The Worker Protection Act has far reaching implications, particularly for the leisure and hospitality industry, which is often characterised by its dynamic workforce, late working hours and close customer interactions.
What is the Worker’s Protection Act?
The Workers Protection Act is the amendment of the Equality Act 2010. The Worker’s Protection Act introduces new responsibilities on employers, mandating them to take ‘reasonable steps’ to prevent sexual harassment of their employees during the course of their employment.
The Worker’s Protection Act introduces a notable shift from the previous approach, which was reactive, rather than proactive. Previously, employers would only be held accountable after an incident had occurred, whereas the new legislation places a clear emphasis on prevention, requiring employers to take steps to ensure employees are not subject to sexual harassment, before it has the chance to happen.
Why is the Leisure and Hospitality Industry unique?
The leisure and hospitality sector faces a unique set of challenges when it comes to addressing sexual harassment. The nature of the industry, with its often informal work environments, potential for high staff turnover, and significant reliance on young and part-time workers, can unfortunately create conditions that increase the risk of harassment.
The challenges of training also increase where you may be employing casual or temporary workers. This means it’s essential to ensure that training on this topic is delivered before the first shift for any member of staff.
What factors could increase the risk of sexual harassment in the workplace?:
- Power imbalances between managers and junior staff.
- The social nature of the work, including late-night shifts and work-related social events, which can blur professional boundaries.
- High customer interaction, with staff potentially facing inappropriate behaviour from customers, particularly those under the influence of alcohol.
- Diverse workforces with varying levels of understanding of acceptable workplace conduct.
What steps can be taken to reduce the risk of sexual harassment in the workplace?
Tackling sexual harassment can be frustrating as it can be difficult to know where to start. However, there are actions venues can take which would demonstrate their proactive approach to preventing sexual harassment. “Reasonable Steps” are a list of actions a venue can take, each of which are not legally required but are advisable. These include:
1. Comprehensive Policies: Venues should establish clear policies to ensure that their approach to preventing harassment is enshrined in their core operations, clearly outlining what unacceptable behaviour is, and how employees should report violations of the policy. Crucially, these policies must be readily accessible to all staff, including those who may not have regular access to company intranets or notice boards.
2. Effective Training: Regular, interactive training programs for all staff, including managers, are crucial. Training should not be limited to legal definitions but should also provide practical guidance on identifying and responding to inappropriate behaviour, using scenario-based examples unique to the hospitality industry.
3. Robust Reporting Mechanisms: Creating safe and accessible reporting mechanisms is vital. Employees need to feel confident that they can report incidents of harassment without fear of reprisal.
4. Prompt and Thorough Investigations: All reports of sexual harassment must be taken seriously and investigated thoroughly. The investigation process should be transparent and documented, with clear timelines for action.
5. Positive Workplace Culture: It’s important to create a culture where teams feel supported, valued and educated. Knowing they’re in a safe and inclusive environment that will protect them should the worst happen.
6. Addressing Customer Harassment: Venues businesses must also address the issue of harassment from customers. Clear policies outlining unacceptable customer behaviour and empowering staff to address inappropriate conduct are essential. Training staff on de-escalation techniques and providing them with support from management when dealing with difficult customers is also crucial.
What are the consequences of failing the Worker’s Protection Act?
Failing to comply with the new legislation can have serious consequences for hospitality venues. Not only will employers be subject to legal and financial penalties, the impact inaction could have on victims is enormous. What’s more, in a sector heavily reliant on social media and public perception, the reputational damage could spell disaster for a venue seen to have failed in its duty.
Why is the Worker’s Protection Act good for employers and employees?
While the new legislation presents challenges, it also offers venues an opportunity to create positive change. By taking proactive steps to prevent sexual harassment, venues can cultivate a safer, more respectful, and inclusive work environment for all employees.
For guidance on preparing for the legislation and more advice on protecting your venue, talk to NDML and Sentient.
Sentient have partnered with NDML as part of the Romero Insurance Group. Sentient offer HR outsourcing services, as well as health & safety advice and training. Sentient also offer employment law services and can assist in mediation and confidential workplace HR issues.
To access Sentient’s services, contact your account handler at NDML.
