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Sexual harassment at work code of practice criticised as inadequate Sexual harassment at work code of practice criticised as inadequate
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The government will introduce a new statutory code of practice to tackle sexual harassment at work, following a damning report from parliament’s women and equalities committee that called for new laws to protect workers, but campaigners say the response falls short of properly tackling the issue.The government will introduce a new statutory code of practice to tackle sexual harassment at work, following a damning report from parliament’s women and equalities committee that called for new laws to protect workers, but campaigners say the response falls short of properly tackling the issue.
The committee welcomed the government’s response to its report, but criticised it for not committing to a duty on employers to protect workers from harassment and victimisation and sanctions for employers who fail to comply with the code.The committee welcomed the government’s response to its report, but criticised it for not committing to a duty on employers to protect workers from harassment and victimisation and sanctions for employers who fail to comply with the code.
The committee , Maria Miller MP, was also critical of how long it took the government to respond to the report. She said: “Forty percent of women say they have experienced unwanted sexual behaviour in the workplace. With this unacceptable statistic in mind, the government should not have taken five months to respond.The committee , Maria Miller MP, was also critical of how long it took the government to respond to the report. She said: “Forty percent of women say they have experienced unwanted sexual behaviour in the workplace. With this unacceptable statistic in mind, the government should not have taken five months to respond.
“I am pleased that ministers have woken up and have agreed to our recommendation of a statutory code of practice. But they have missed the opportunity to place a greater onus on employers to protect workers from harassment and to increase sanctions for poor practice. Just keeping an eye on how employment tribunals respond to the new code is inadequate.”“I am pleased that ministers have woken up and have agreed to our recommendation of a statutory code of practice. But they have missed the opportunity to place a greater onus on employers to protect workers from harassment and to increase sanctions for poor practice. Just keeping an eye on how employment tribunals respond to the new code is inadequate.”
In July, the committee’s report on sexual harassment in the workplace claimed the government, regulators and employers were all failing to tackle the issue. The report called on the government to put sexual harassment at the top of the agenda; require regulators to take a more active role; make enforcement processes work better for employees by setting them out in the statutory code of practice; clean up the use of non-disclosure agreements (NDAs); and publish better government data.In July, the committee’s report on sexual harassment in the workplace claimed the government, regulators and employers were all failing to tackle the issue. The report called on the government to put sexual harassment at the top of the agenda; require regulators to take a more active role; make enforcement processes work better for employees by setting them out in the statutory code of practice; clean up the use of non-disclosure agreements (NDAs); and publish better government data.
In its response, the government agreed to introduce a statutory code of practice; to better regulate NDAs; amend whistleblowing law; work with Acas, the EHRC and employers to raise awareness; and gather data on the prevalence and nature of workplace sexual harassment at least every three years.In its response, the government agreed to introduce a statutory code of practice; to better regulate NDAs; amend whistleblowing law; work with Acas, the EHRC and employers to raise awareness; and gather data on the prevalence and nature of workplace sexual harassment at least every three years.
Victoria Atkins, the minister for women, said: “Sexual harassment at work is illegal, but sadly that disgusting behaviour is something that many women still experience today.Victoria Atkins, the minister for women, said: “Sexual harassment at work is illegal, but sadly that disgusting behaviour is something that many women still experience today.
“We are taking action to make sure employers know what they have to do to protect their staff, and people know their rights at work and what action to take if they feel intimidated or humiliated.”“We are taking action to make sure employers know what they have to do to protect their staff, and people know their rights at work and what action to take if they feel intimidated or humiliated.”
The business minister, Kelly Tolhurst, said: “It continues to disappoint me that in this day and age some women still face discrimination and harassment at work.The business minister, Kelly Tolhurst, said: “It continues to disappoint me that in this day and age some women still face discrimination and harassment at work.
“One part of this is the minority of cases where non-disclosure agreements are used unethically, and employees may not be aware of their protections and rights. We will be consulting on these.”“One part of this is the minority of cases where non-disclosure agreements are used unethically, and employees may not be aware of their protections and rights. We will be consulting on these.”
The government will also consult on NDAs, how to strengthen and clarify the laws in relation to third-party harassment, and the evidence base for introducing a new legal duty on employers to prevent sexual harassment in the workplace.The government will also consult on NDAs, how to strengthen and clarify the laws in relation to third-party harassment, and the evidence base for introducing a new legal duty on employers to prevent sexual harassment in the workplace.
Miller added that while the committee welcomed the government’s commitment to raising awareness, more needed to be done so employers know they face severe penalties if they don’t do enough to protect their staff from harassment and victimisation.Miller added that while the committee welcomed the government’s commitment to raising awareness, more needed to be done so employers know they face severe penalties if they don’t do enough to protect their staff from harassment and victimisation.
Sam Smethers, the Fawcett Society’s chief executive, said: “The steps government is taking are welcome but they fall short. Failing to introduce a new duty on employers to prevent harassment is a missed opportunity and leaves women dealing with the problem alone. A new statutory duty is very much needed. We need to get on with it.”Sam Smethers, the Fawcett Society’s chief executive, said: “The steps government is taking are welcome but they fall short. Failing to introduce a new duty on employers to prevent harassment is a missed opportunity and leaves women dealing with the problem alone. A new statutory duty is very much needed. We need to get on with it.”
Smethers called on the government to bring back section 40 of the Equality Act, a provision that stated employers had a duty to protect their staff from harassment by clients or customers.Smethers called on the government to bring back section 40 of the Equality Act, a provision that stated employers had a duty to protect their staff from harassment by clients or customers.
Alexia Pepper, spokesperson for the Women’s Equality Party said: “In a week when the Prime Minister reinstated two MP’s accused of sexual misconduct, it is not surprising that her government doesn’t intend to impose any consequences on employers for failing to tackle violence against women and girls. Why does violence cost employers so little when it costs women so much?Alexia Pepper, spokesperson for the Women’s Equality Party said: “In a week when the Prime Minister reinstated two MP’s accused of sexual misconduct, it is not surprising that her government doesn’t intend to impose any consequences on employers for failing to tackle violence against women and girls. Why does violence cost employers so little when it costs women so much?
“Without imposing a clear duty on employers the government is shirking its responsibility too. But the #metoo movement is a reckoning that demands both repercussions for violence against women and clear political responsibility to actively reduce harm. Women will no longer tolerate anything less.”“Without imposing a clear duty on employers the government is shirking its responsibility too. But the #metoo movement is a reckoning that demands both repercussions for violence against women and clear political responsibility to actively reduce harm. Women will no longer tolerate anything less.”
Sexual harassmentSexual harassment
WomenWomen
Employment lawEmployment law
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