Worker Protection (Amendment of Equality Act 2010) Act 2023 – Parliamentary Bills – UK Parliament
Update by RESPECT for archaeologists
On October the 26th The Worker Protect Act, an amendment to the Equality Act 2010, became law.
This now firmly places the responsibility to prevent harassment on employers. In practical terms, this means that employers need to show that they have identified scenarios in which sexual harassment of their employees might occur, and that they proactively implement measures to prevent sexual harassment occurring. This duty is in addition to the protections already included within the Equality Act 2010 (EA 2010), but specifically relates to sexual harassment and does not include harassment based on other protected characteristics as defined in the EA 2010.
We know, as a sector, that archaeologists experience high levels of sexual harassment, particularly from third parties (Hawkins & Rees 2020, Andrews et al 2020; Aitchison et al 2020). Sexual harassment claims carry no financial limit. Under the new amendment – If it can now be shown an employer has not taken ‘reasonable steps’ to prevent harassment, financial claims could also be subject to a 25% uplift.
Although ‘reasonable steps’ are not defined in the new Act, they could include:
Training: There are many options for training, including the Respect module below. At RESPECT we are working to update our online module, to reflect this fundamental change. As all our work is undertaken through the free labour of our volunteers, we are making these updates as quickly as possible.
In addition, the module can be supplemented with, for example, Bystander training – increasingly offered within our sector by the Bystander Company in conjunction with the Chartered Institute for Archaeologists. Other options include training for all staff on provisions within the Equality Act, the importance of positive workplace cultures, in-house policies and procedures.
Policies: In light of this change, policies should be updated. Employers could ask for staff input into these policies relating to sexual harassment and work on preventative frameworks; any updates to polices then being communicated to staff, policies made accessible and supplemented by training.
Reporting mechanisms: these need to be clear and confidential if they are to work effectively, ideally with more than one point of contact across an organisation reflecting different genders and levels of supervision/departments depending on the size of the organisation.
Risk Assessments: sexual harassment should be included in workplace risk assessments, scenarios identified (e.g. lone-working, contact with third-parties, work-place cultures) and pro-active, preventative measures in place.
Positive Workplace Cultures: This amendment and the requirement for ‘pro-active duty’ is designed to promote positive workplace cultures. One example could be the implementation of a zero-tolerance policy towards sexual harassment (see policies section above), sending a clear message of respect and inclusivity across an organisation, whilst also working to prevent the occurrence of sexual harassment.
At RESPECT we welcome this amendment and are hopeful our sector will now feel even more motivation to protect archaeologists from sexual harassment. Many archaeologists are members of Prospect (Archaeology Branch) or Unison – as Trade Unions release guidance, we will also share links to these on this page. We will also link to any statements from other organisations such as CIFA and FAME.
Links:
- Workers Protection Act: https://www.legislation.gov.uk/ukpga/2023/51/contents
- BAJR RESPECT Training module: http://www.bajrfed.co.uk/bajrpress/respect-campaign/
- Bystander Training Company: https://www.activebystander.co.uk/
References:
Andrews, Jenny, Bryan, Jessica, and Watson, Sadie, 2020, Getting Our House in Order: Archaeologists’ Responses to Prospect’s Workplace Behaviours Survey, Archaeologists Branch Research Paper No. 1. Available from: https://members.prospect.org.uk/your-prospect/branch/181/member?_ts=4369
Also accessible at https://famearchaeology.co.uk/wp-content/uploads/2021/03/Archaeologists-Branch-Research-Paper-1.pdf
Hawkins, Kayt, & Rees, Catherine, 2020, Reporting Bullying and Sexual Harassment: a workplace survey by BAJR RESPECT. Available from: http://www.bajrfed.co.uk/bajrpress/reporting-bullying-and-sexual-harassment-a-workplace-survey-by-bajr-respect/
Aitchison, Kenneth, German, Poppy, and Rocks-Macqueen, Doug, 2020, Profiling the Profession. Landward Research. Available here: https://profilingtheprofession.org.uk/profiling-the-profession-2020-introduction/
