The overlooked risk: Why the positive duty demands attention
The positive duty to eliminate workplace sexual harassment, has increasingly become a focal point for boards. However, this critical area often remains under-prioritised on the agendas of HR or People & Culture departments.
Introduction: The positive duty to eliminate workplace sexual harassment, has increasingly become a focal point for boards. However, this critical area often remains under-prioritised on the agendas of HR or People & Culture departments.
The positive duty – a board's perspective: For boards, the importance of addressing the positive duty lies in its potential to mitigate significant legal, reputational, and financial risks. Positive duty isn't, however, merely about compliance; it's about fostering a safe and respectful workplace culture. A recent Culture Amp presentation stated that a cultural revolution was coming from regulatory changes, including; positive duty and pay transparency.
The HR gap: Despite its importance, positive duty may not be a top priority for HR departments. This could be due to several factors:
Resource constraints: HR departments are often stretched thin, managing daily operations and employee relations. Integrating proactive measures for positive duty might be perceived as a resource-intensive task.
Reactive nature: Traditionally, HR functions have been more reactive than proactive and have been structured to respond to issues as they arise, rather than being structured to prevent them.
Lack of awareness: As the positive duty is a new legal requirement, there is a phase of research to understand the full scope and implications of positive duty. This can slow down the planning and working through how it ties in with other programs and regulatory changes (such as pay transparency).
Why it should matter: Ignoring the positive duty can have ongoing workplace culture issues, increased legal liabilities, and damage to the organisation's reputation. Employees can raise issues outside the organisation, meaning additional risk and taking it out of the manager or HR’s direct line of sight. It's crucial for HR to align with the board's perspective and understand that positive duty is an investment in the organisation's health and sustainability.
Bridging the Gap: To bridge this gap, boards and HR departments can collaborate with experts on positive duty to guide them through and remove much of the resource constraints. This includes:
Education and Training
Board updates
Gap analysis to understand your current state and actions that need to be taken to meet the positive duty
Tailored implementation plan
Measurement & evaluation
Conclusion: The positive duty is more than a legal obligation; it's a strategic imperative that protects and enhances the value of an organisation. By partnering with an expert and elevating this issue to the top of their agenda, HR departments can utilise positive duty imperatives to both safeguard the organisation's reputation and foster a culture where everyone can thrive.
Reach out to arrange a discussion where our team of positive duty experts can help guide you through – sarah@elevateconsultingpartners.com.au
