The Extended Workplace: A New Frontier of Responsibility for Employers
In today’s interconnected world, the boundaries between work and home are increasingly blurred. As more companies adopt flexible working arrangements, the extended workplace environment presents new challenges and responsibilities for employers. In particular, there is an urgent need to address the prevalence of sexual harassment and domestic abuse, which continue to impact employees’ wellbeing profoundly. Internationally, state, city, and country legislation are progressively placing a duty of care on employers, recognising the need for comprehensive protection. This opinion piece explores why employers must act decisively, no matter where they or their employees are based.
The Prevalence of Abuse: A Global Concern
The statistics on sexual harassment and domestic violence paint a stark picture. Globally, 1 in 3 women have experienced sexual or physical violence, often by an intimate partner. According to the World Health Organization, workplace sexual harassment occurs in 40-60% of cases worldwide. In the US, it is estimated that 1 in 5 women have been raped at some point, with most cases occurring before the age of 25. These figures underscore the pervasive nature of abuse and the urgent need for interventions.
Domestic violence alone has a significant economic impact, estimated to be upwards of $8.3 billion annually in the US, through absenteeism, reduced productivity, and healthcare costs. Despite these staggering numbers, only 20-25% of women who experience domestic violence report it. These statistics are not just numbers; they represent real people whose lives and careers are disrupted by violence and harassment.
The Extended Workplace: New Responsibilities for Employers
With the rise of remote work and the extended workplace environment, employers can no longer ignore the reality of domestic abuse and harassment spilling over into the professional realm. This shift necessitates a broader scope of responsibility, extending beyond the physical office to wherever employees might be working. The recent Worker Protection Act, an amendment to the UK Equality Act 2010, exemplifies this shift by placing a new duty on employers to prevent sexual harassment in the workplace.
Employers must take proactive measures to safeguard their employees. The case of Tahir v. National Grid UK Ltd illustrates the severe consequences of failing to do so. An employment tribunal awarded over £350,000 in compensation to an employee, T, who resigned after suffering sexual harassment from her mentor and subsequent victimisation. The employer admitted liability, and the tribunal highlighted several failings that exacerbated T’s injury to feelings, including ignoring her request to resolve the matter informally and rejecting her formal grievance without due consideration.
Legal and Ethical Imperatives
The legal landscape is rapidly evolving to hold employers accountable for their duty of care. The Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) are proposing stricter regimes for tackling non-financial misconduct, including sexual misconduct. These proposals include requirements for firms to maintain diversity and inclusion strategies, set targets, and report data. While there are concerns about the cost and effectiveness of these regulatory proposals, the need for cultural change within firms is undeniable.
Employers must adopt a zero-tolerance culture towards sexual harassment and provide robust training to prevent it. Internal whistleblowing procedures must be effective and transparent, ensuring that allegations are addressed promptly and fairly. The use of non-disclosure agreements (NDAs) in harassment cases needs to be scrutinised, with recommendations to ban NDAs and collect data on their use by regulated firms.
The Human Impact
The story of T is just one example of the human impact of the extended workplace environment on harassment risks. Her experience underscores the importance of employers taking complaints seriously and handling them with the utmost care. The failure to dismiss the perpetrator and the lack of an apology from the employer’s Chief People Officer highlight the need for accountability and empathy in addressing harassment.
The Way Forward: Building Safe Workplaces
As employers navigate this new frontier, several steps can help build safe workplaces where every employee feels valued:
- Policy and Training: Develop and implement comprehensive policies to prevent harassment and abuse. Regular training sessions for all employees are essential to foster a culture of respect and safety.
- Support Systems: Establish clear, accessible support systems for employees experiencing harassment or abuse. This includes robust whistleblowing procedures and confidential reporting mechanisms.
- Transparency and Accountability: Ensure transparency in handling harassment complaints. Communicate the outcomes of investigations and disciplinary actions to the complainants where appropriate, as recommended by the EHRC Technical Guidance.
- Collaboration and Advocacy: Work with organisations like Stay Safe Global to navigate the changing legal framework and implement best practices in creating safe working environments.
Conclusion: A Call to Action
The extended workplace environment has created new responsibilities for employers. As the boundaries between work and home blur, the need for comprehensive protection against harassment and abuse becomes ever more critical. Employers must act decisively and compassionately, recognising that their duty of care extends beyond the physical office.
By adopting proactive measures, fostering a culture of respect, and holding themselves accountable, employers can create safe workplaces where every employee feels valued and protected. It is not just a legal obligation but a moral imperative to ensure that our workplaces are free from harassment and abuse.
For those looking to take the next step in building safe and supportive work environments, we encourage you to book a call with Stay Safe Global. Together, we can navigate this new landscape and create workplaces that uphold the highest standards of safety and respect.
