From 26 October (2024), the Worker Protection Act 2023 introduced a new duty on employers to prevent sexual harassment in the workplace. Sexual harassment at work has long been prohibited under the Equality Act 2010, but the new act goes further by imposing a mandatory legal duty on employers to prevent the sexual harassment of employees at work by taking reasonable preventative actions.
The duty is essentially requiring employers to be proactive by ensuring that a workplace culture that prevents harassment is established.
So, what does it mean for workplaces and, in this specific instance, architecture practices?
What did the ARB survey conclude?
If ever there was need for a strengthening of the regulations, a new survey of architects’ experiences of workplace culture commissioned by the Architects Registration Board (ARB) underlines it. One of the survey’s key findings was that 12% of all professionals and 24% (one in four) of female professionals have experienced unwelcome sexual advances at work.
The regulator described the findings of the survey as “staggering”.
ARB commissioned the research to support the development of its new Code of Conduct and Practice for architects. It said that the survey of 898 professionals at different career stages had been prompted by concerns raised through its education survey and at wider engagement events.
The survey found that architecture professionals suffer from higher levels of discrimination and sexual misconduct than those in other professions that publish research, including academia and parts of the medical profession.
Over a third of all professionals working in architecture said that they have experienced insults, stereotypes or jokes relating to characteristics protected by the Equality Act 2010.
Alan Kershaw, Chair of the Architects Registration Board, said the regulator was appalled to learn that many architects suffer higher levels of discrimination and sexual misconduct than some other professions.
The shocking survey findings will inform firmer professional standards for architects in the forthcoming Code of Conduct and Practice, said ARB, with supplementary guidance on leadership and inclusion as well as tools to support employees in raising concerns and challenging unethical behaviour.
One of the findings of the survey was that a third of architects said they would not feel confident raising concerns if they experienced or observed misconduct.
How did RIBA react to the findings?
Reacting to the ARB survey, Robbie Turner, RIBA’s Director of Inclusion and Diversity, said the concerning results clearly demonstrate the need for stronger measures to protect employees and prevent such unacceptable behaviour.
He welcomed the new duty on employers to prevent sexual harassment as a welcome step forward in creating safer and more inclusive workplaces.
“Positively engaging with these new sexual harassment laws can send a clear message that a practice values its employees’ well-being and prioritises creating a safe and respectful work environment,” Robbie says. “It shows that the practice is committed to fostering a culture of equality and inclusivity, where everyone is treated with dignity.
“Taking a zero-tolerance policy towards sexual harassment should not just be a legal requirement, but a reflection of the core values of every practice. Everyone has the right to work in an environment free from harassment and discrimination.”
Robbie says all employees should be aware that their employers have to take complaints seriously and handle them fairly and sensitively, even if reports are made a long time after an incident. Employees are legally protected from victimisation for making a complaint.
What can someone who has experienced sexual harassment in the workplace do?
Any employee who has been the victim of sexual harassment in their practice should:
- Document the incident: write down what happened, including dates, times, names of those involved and any witnesses.
- Consider talking to someone you trust at work (a colleague, manager, or someone trained to advise on such matters) or seek specialist advice (especially if the harassment involves assault, or if your employer is not taking your complaint seriously).
- Report the incident to your employer. You can do this informally by talking to your employer or someone senior, or formally by raising a grievance. Check your employer’s sexual harassment policy, if they have one, for their specific procedure.
What can employers do to create a safer office culture?
Robbie says the new duty on employers means they can no longer simply react to incidents but must be proactive by fostering a culture where sexual harassment is not tolerated. Steps employers can take include:
- Lead by example: senior management can demonstrate a strong commitment to preventing sexual harassment and lead conversations on how to prevent it.
- Provide comprehensive training: all employees should receive regular training on what constitutes sexual harassment, how to recognise it, and how to respond appropriately.
- Promote bystander intervention: encourage employees to speak up if they witness sexual harassment.
- Foster open communication: create an environment where employees feel comfortable raising concerns without fear of retaliation.
- Address underlying power imbalances: take steps to ensure that all employees feel valued and respected, regardless of their position or background.
Thanks to Robbie Turner, Director of Inclusion and Diversity, RIBA.
Text by Neal Morris. This professional feature was edited by the RIBA Practice team. Send us your feedback and ideas.
RIBA Core Curriculum topic: Inclusive environments.
As part of the flexible RIBA CPD programme, professional features count as microlearning. See further information on the updated RIBA CPD core curriculum and on fulfilling your CPD requirements as a RIBA Chartered Member.
