The Worker Protection (Amendment of Equality Act 2010) Act came into in effect on 26 October 26, mandating significant adjustments for UK firms in the prevention of workplace harassment. Given the industry’s unique challenges, Daniel McAfee, Head of Legal Operations at Lawhive, shares expert guidance tailored specifically for construction employers.

From 26th October 2024, the Worker Protection (Amendment of Equality Act 2010) Act introduces a vital legal change for the UK construction sector. Due to gender imbalances and the remote nature of many worksites, construction faces heightened risks of workplace harassment. 

Daniel McAfee, Head of Legal Operations at Lawhive, advises employers to update anti-harassment policies, increase training, and strengthen workplace culture to comply with the new requirements and avoid increased tribunal penalties. 

In his view, two main factors make the construction supply chain sector particularly vulnerable to harassment incidents:

  • Gender Imbalances: Workforces where women are underrepresented, such as construciton, see an increase the potential for inappropriate behaviour and a hostile work environment. 
  • Worksite Dynamics: Many workers in these sectors operate in isolated environments or on-site, where there may be less supervision, making it more difficult to report or witness harassment.

McAfee examined the legal implications of this legislation for construction and manufacturing employers.

"Reasonable steps" under the new law refer to specific actions that construction and manufacturing employers must take to prevent sexual harassment. These steps are particularly important in high-risk environments like construction sites, factories or warehouses, where incidents may go unreported. Key measures include:

  • Clear Policies and Procedures: Employers must have robust anti-harassment policies in place that are well-communicated to all workers, including those on temporary or contract work. These policies should define harassment, outline consequences, and explain the process for reporting incidents.
  • Regular Training: Employers must provide regular, mandatory training to employees at all levels, particularly those in supervisory roles. Training should cover what constitutes harassment, how to identify it, and the steps to report it. Due to the physical nature of these industries, scenario-based training tailored to on-site situations is recommended.
  • Monitoring and Reporting Mechanisms: Confidential reporting systems are essential. Employers must ensure that all employees, including those working off-site, can easily report harassment concerns and be confident that their complaints will be taken seriously.
  • Risk Assessments: Employers must conduct thorough risk assessments to identify high-risk areas in the workplace, such as isolated workspaces, or areas where employees regularly interact with contractors, customers, or suppliers. Special attention should be given to situations where workers are in close quarters or face high-pressure deadlines, which may increase the risk of harassment.
  • Third-Party Harassment Provisions: Merchants deal with third parties, such as customers and suppliers, who may pose additional risks. Employers need to implement policies addressing how employees should handle harassment from third parties, and steps to minimise one-on-one interactions in vulnerable situations.

He therefore recommends that employers take urgent action to ensure compliance with the Worker Protection Act. This includes:

  • Updating Anti-Harassment Policies: Existing policies must be reviewed and updated to explicitly include the new legal obligation to prevent harassment. This should cover harassment from both colleagues and third parties.
  • Increasing Training Frequency: More frequent and targeted training will be necessary, especially for supervisors and managers responsible for on-site operations. This should include how to handle complaints sensitively and effectively.
  • Enhancing Reporting Mechanisms: Reporting systems should be made accessible to all employees, including those working off-site. Employers should also ensure that reporting channels are well-publicised and supportive.

McAfee concludes by highlighting steps employers can take to comply with new legal obligations and promote a safer, more inclusive workplace:

  • Workplace Audits: Conducting periodic reviews of workplace dynamics to identify potential risk areas, such as isolated or remote work environments and roles that require close interaction with customers or suppliers.
  • Employee Surveys: Gathering anonymous feedback from employees about workplace culture, harassment risks, and the effectiveness of existing policies.
  • Third-Party Risk Assessments: Identifying situations where workers interact with external parties, such as clients or delivery personnel, and implementing measures to reduce risks in those interactions.
  • Sensitivity Training: Companies should provide comprehensive training to address gender bias and harassment, particularly for teams where women are a minority. Although any member of staff can be at risk, regardless of their gender identity, or sexual orientation.
  • Safe Reporting Mechanisms: Employers must ensure that employees have access to private and safe reporting channels, even in remote or off-site locations.
  • Regular Monitoring: Given the isolated nature of some job sites, regular site visits and audits from HR can help ensure that harassment is not going unreported.

By taking these steps, employers can not only meet their legal obligations but also create safer, more respectful work environments for all their employees.

McAfee advises on a number of factors that courts and tribunals may consider when evaluating what constitutes "reasonable steps."

“Courts and tribunals will evaluate whether employers have met the "reasonable steps" requirement by assessing:

  • The Adequacy of Anti-Harassment Policies: Courts will check whether the employer has comprehensive policies in place, communicated effectively to all workers, including contractors and subcontractors.
  • Training Programs: Employers must demonstrate they conduct regular training and awareness programs that educate their workforce on recognising and preventing harassment.
  • Responses to Incidents: If harassment occurs, courts will consider how quickly and effectively the employer responded, including disciplinary actions and follow-up support for victims.
  • Workplace Culture: Courts may assess whether the employer has fostered a workplace culture that is respectful, inclusive, and actively discourages harassment.