The Welsh Rugby Union (WRU) has demonstrated its commitment to improving workplace culture and better protecting its staff from discrimination and harassment by entering into a legally binding agreement with the Equality and Human Rights Commission (EHRC).
Following a 7-month long independent review last year, it was found that aspects of workplace culture at the WRU were “toxic” and that sexism, racism and homophobia had not been adequately challenged. The review concluded by making 36 recommendations, which the WRU pledged its complete commitment to address; a commitment that is now enshrined within a “section 23” agreement with the EHRC.
News of the WRU’s section 23 agreement (Section 23 of the Equality Act 2006) came shortly after legislative change in October 2024, which requires all employers to take reasonable steps to prevent sexual harassment in their workplaces. You can read more about these changes here.
The EHRC and section 23 agreements
The EHRC is an independent statutory body with responsibility for enforcing the Equality Act, the UK’s primary equality and diversity legislation.
As part of this responsibility, the EHRC has the power to enter into a ‘section 23 agreement’ with an organisation which makes a commitment to not breach equality law, usually in a specific area where there have been previous concerns. Typically, such agreements will propose to specifically address the questionable conduct which has brought the organisation to the EHRC’s attention in the first place.
The EHRC can approach an organisation about entering into a section 23 agreement of its own accord, or following a judicial finding of unlawful conduct. Entering into a section 23 agreement is voluntary (the organisation could refuse to cooperate with the EHRC). In such circumstances, the EHRC would then instead consider using the other regulatory powers available to it, such as commencing its own formal investigation. This can be far more damaging and disruptive to an organisation, particularly if the EHRC finds that unlawful behaviour has occurred.
The EHRC’s powers are not new but serve as a timely reminder of the increased scrutiny employers may find themselves under. Further, with the new duty on employers to prevent sexual harassment in their workplaces, we expect that the EHRC will take an increasing interest in employers who appear to be failing to take positive action to promote equality in their workplaces and call out bad behaviour.
Implications for the WRU
Under the terms of the section 23 agreement with the EHRC, the WRU has committed to undertake multiple actions to improve its culture over the next year. These include introducing mandatory training on equality, diversity and inclusion, as well as harassment, for employees at all levels, including board members and senior leadership. For managers, it has committed to compulsory training on how to deal with sexual harassment. Additional actions have been agreed including the introduction of a standardised system used to record and monitor discrimination and harassment complaints.
The WRU has also agreed to work in partnership with an external adviser to both review and amend its policies in the workplace, as well as implementing a specific sexual harassment policy, in light of the changes to the law in October last year.
In terms of long-term changes, a 5-year strategy to implement an equality, diversity and inclusion delivery plan has been committed to. Senior executives have been assigned specific annual equality, diversity and inclusion related targets.
Baroness Kishwer Falkner, Chairwoman of the EHRC, said: “This legal agreement is an important step in the WRU rebuilding the trust of its staff and the wider nation, and we’re pleased that the WRU has already started to make progress on the actions required”.
How can we help
Given the recent changes in the law which place an increased onus on the employer to keep its staff safe from harassment and discrimination, it is now more important than ever for employers to demonstrate a pro-active approach to promoting an inclusive workplace. At Capital, we understand that working out the best way to do this varies depending on the organisation, and tailor our advice accordingly.
To discuss preventative and proactive internal measures to improve workplace culture, such as reviewing and drafting internal policies and procedures, conducting investigations or delivering training up to and including at Board level, please get in touch with our Employment Law team.
