The recent allegations regarding the inappropriate conduct of TV presenter and MasterChef judge, Gregg Wallace, illustrate the significance of the recent update to employer’s legal responsibilities to take proactive steps to prevent harassment.
The Allegations
Wallace is currently under investigation by MasterChef’s production company following a multitude of complaints of “sexualised language” and groping. The various allegations in the recent years against BBC employees and presenters bring into focus the embedded misogynistic culture within the television industry, where it appears behaviours of an inappropriate sexual nature have become commonplace.
Changes to the Law on Sexual Harassment
From 26 October 2024, a new duty was imposed which requires employers to take “reasonable steps” to prevent sexual harassment in the workplace. Employers now have a duty to anticipate sexual harassment and take reasonable steps to prevent it from occurring. Further, if sexual harassment has occurred, the employer must take action to prevent reoccurrence. It is hoped this change to the law will make a significant positive change to workplace cultures.
With the emergence of these allegations against Wallace, the BBC must now be proactive in ensuring that instances of the same nature do not reoccur.
Key Takeaways
It is necessary for employers to take steps to ensure compliance with recent developments in the law. Employers should:
- Provide regular training to their staff.
- Have a regularly reviewed sexual harassment policy in place.
- Endeavour to foster a safe workplace culture.
- Conduct risk assessments.
- Improve reporting channels and consider implementing options for the anonymous reporting of sexual harassment.
- Audit past complaints.
- Continually monitor and re-evaluate complaint outcomes and make improvements where necessary.
If employers fail to engage with their new legal obligations, they run the risk of paying more in successful sexual harassment claims, with up to an extra 25% in compensation potentially being awarded. Further, enforcement action by the Equality and Human Rights Commission is possible.
As evidenced by the BBC’s handing of allegations against Wallace, employers run the risk of extensive reputational damage when the public becomes aware that their workforce was not protected. By complying with the requirement of proactivity, employers can mitigate the risks associated with sexual harassment in the workplace and demonstrate an unwavering commitment to maintaining a culture of safety and respect.
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