Culture beats policies for sexual harassment prevention

I have noticed a significant increase in the numbers of Japanese companies asking me for support in incidents of workplace harassment this year. I think it is partly because there is a greater awareness in Japan of harassment and discrimination problems – so Japanese people working for Japanese companies overseas are much more likely to notice and report issues.

In addition to this there is much more pressure on employers in the UK and Japan than before to have an inclusive workplace, that respects diversity, if they want to hire and retain talented employees.

The new law in the UK

This pressure is reflected in the Worker Protection (Amendment of Equality Act 2010) which went into effect in the UK in October 2024. It strengthens protections for workers against sexual harassment by requiring employers to take “reasonable steps” to prevent sexual harassment in the workplace.

The Equality Act of 2010 already provides for prohibition of sexual harassment in the workplace, but the amendment requires employers to be more proactive in preventing sexual harassment from happening in the first place.

The amendment also increases by up to 25% the compensation the employer must pay the employee if they bring a successful claim against the employer for sexual harassment.

Employers are also liable for the sexual harassment of employees by third parties – such as customers.

What are ‘reasonable steps’?

No definition of “reasonable steps” is included in the amendment, but “reasonable” is a concept often referred to in English law. It usually means practical, proportionate and tailored to the circumstances of the workplace.

This will mean at minimum developing but also regularly reviewing sexual harassment policies, making sure that all employees are aware of these policies and ensuring that there are channels for reporting incidents. It may also include training for all employees on acceptable workplace behaviour and the consequences of harassment.

First and foremost, employers must ensure their culture – purpose, mission and values – include concepts such as diversity, inclusion and respect. I would also suggest that it is not enough for Japan headquarters just to communicate their culture in a top down way to overseas offices. Employees in operations outside Japan HQ need to be involved in interpreting and adapting the purpose, mission and values to suit their local environment. 

Ultimately, what the new legislation is saying is that policies and processes are not enough – culture matters too.

This article originally appeared in Japanese in the Teikoku Databank News – 11th September 2024

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More on Japan Intercultural Consulting services on sexual harassment prevention can be found here.