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by Rebecca Lister |
Article Summary
The construction industry is a unique and vital sector within the UK, and now more than ever, it is important to take proactive steps to strengthen the workplace by ensuring you are up to date with recent legislative changes.
From October 2024, employers have a new duty to take reasonable steps in preventing sexual harassment. This new duty requires an employer to be proactive and systematic in how they prevent and deal with sexual harassment in the workplace.
Learn how Eclipse HR offers expert HR support for the construction industry and associated construction sectors, offering tailored advice founded in years of experience to help prevent sexual harassment within the construction industry.
From the 26th October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023, came into force bringing in stronger protections against sexual harassment. Employers are required to take reasonable steps to prevent sexual harassment proactively and systematically and be able to provide evidence of this.
With the law to be further strengthened under the Employment Rights Bill to include an obligation for employers to take “all reasonable steps”, it is important for businesses to stay compliant.
Under the Equality Act 2010, sexual harassment is unwanted conduct of a sexual nature that has the purpose or effect of either violating someone’s dignity or creating an environment that is:
Intimidating, hostile, degrading, humiliating or offensive
A few examples of such behaviour could include:
Taking a strong stance in preventing sexual harassment is particularly important for the construction sector, where informal site cultures and close-knit teams can result in inappropriate behaviour being harder to identify and addressed.
Putting the right policies and procedures in place is not just about avoiding enforcement action – it’s about safeguarding people, improving retention, and setting a higher standard for the industry.
Preventing sexual harassment should be a key focus of any organisation but especially for those within the construction industry.
A recent Survey ‘Zero Tolerance to Sexual Harassment’ by Unite has found that 25% of women working within the construction industry had been sexually assaulted at work, with a further 17% saying they had been victims of sexual coercion.
These shocking figures highlight a deep-rooted cultural issue within the construction industry where informal site environments, male-dominated teams, and lack of oversight can allow inappropriate behaviour to go unchecked. Addressing this is not just a legal obligation but a moral and business imperative.
Sexual harassment claims before the Employment Tribunal are uncapped and will typically include an award for injury to feelings. Fines for employers who cannot show they have taken reasonable steps to prevent sexual harassment can be increased by up to 25%. This can have disastrous impacts on a business especially at a time when the construction industry is facing many unique challenges.
Failure to address harassment at work is not only damaging for individuals but also for organisations as a whole. The Equality and Human Rights Commission can take enforcement action where employers cannot show they have followed official guidance or implemented effective policies and procedures.
Contact Eclipse HR and start taking proactive steps now. We help construction organisations protect their employees, demonstrate compliance with the Worker Protection Act, and foster a respectful working environment.
If you’re an employer in the construction industry, there are many ways you can meet your obligations and protect your workforce. You should be actively ensuring that you are fostering a safe environment for your workplace where harassment of any kind is not tolerated.
Employers must ensure that current anti-harassment and bullying policies should be reviewed to ensure they are clearly written, accessible, up to date and compliant.
A standalone preventing sexual harassment policy should sit alongside your wider disciplinary and grievance procedures, clearly outlining unacceptable behaviours, consequences and setting out reporting procedures, how a harassment complaint will be handled, what disciplinary action may follow, and the expected standards of behaviour for every member of staff.
Embedding these within your HR practices demonstrates compliance with the new preventative duty under the Worker Protection Act and reassures employees that concerns will be taken seriously.
Mandatory training should be delivered to all staff, including management, on recognising and preventing harassment. Training should also be given on how to report sexual harassment and what actions to take if sexual harassment has been reported to you.
Risk assessments are a great way to identify potential high-risk areas such as isolated workspaces or informal team cultures and allows you to tailor actions to specific needs.
You should also ensure your processes for dealing with workplace incidents are up to scratch – read our Guide to conducting Workplace Investigations in the Construction Industry, which explains why specialist construction human resources consultants are essential.
Preventing sexual harassment within the construction industry should be a key focus and employers must act now to create safer, more inclusive workplaces. This isn’t just about avoiding fines – it’s about retaining talent, boosting morale, and building a culture of respect.
Eclipse HR offers tailored human resources for the construction industry and associated construction sectors, offering strategic and operational support from our years of experience.
Our specialist knowledge in construction HR allows us to deliver targeted solutions that align with your business goals and the unique demands of construction roles.
Our consultants work directly with each manager to strengthen workplace culture, ensuring diversity and inclusion principles are embedded into everyday practices.
We provide step-by-step guidance on updating policies and procedures, investigating where allegations of sexual harassment are raised, and handling a harassment complaint in line with legal obligations.
We’re also proud to be speaking at this year’s Kent Construction Expo, where our team will be discussing the future of workforce development in the construction sector. Come and hear from Antonio Fletcher, Head of Employment, Whitehead Monckton and Eclipse HR on how to make your business ready for what’s next!
For more information on how we could help you with preventing sexual harassment in the construction industry, please feel free to explore our website to learn more about the HR services we provide in Kent and the South East; or get in touch to speak to a member of our team today!
Author: Rebecca Lister
Rebecca supports the Eclipse HR team and our clients across a range of tasks. Rebecca has recently completed her Master’s degree in Advanced Legal Practice (MLaw) at the University of Kent and is now studying for her Solicitors Qualification Exams. Her academic focus, particularly in employment law, complements her practical experience and deepens her understanding of HR in action.
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