How to prevent sexual harassment in the workplace
The UK’s legislation requires employers to proactively prevent workplace sexual harassment, including by third parties. This requires planning, preparation and documentation.
It is important for employers to understand their responsibilities and accountability. If a breach of this law is found, it may result in serious compensation pay-outs and reputational damage.
The definition of sexual harassment
According to the Equality and Human Rights Commission (EHRC)’s technical guidance, sexual harassment occurs when someone is subjected to unwanted behaviour of a sexual nature that violates their dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. It includes a wide range of actions such as sexual comments or jokes, inappropriate touching, sharing sexually explicit material or making sexual advances. The behaviour does not need to be sexually motivated, only sexual in nature, and can come from anyone, regardless of gender.
How to demonstrate compliance
The EHRC provides an Employer 8-step guide on how to prevent workplace sexual harassment, which is a great place to start. Below is a summary of the eight steps:
- Policy making: Develop a clear and robust anti-harassment policy that defines sexual harassment. This policy should be communicated to all employees, workers and contractors, be easily accessible and be regularly updated.
- Engaging your staff: One-to-ones, exit interviews, open door policies, staff surveys and even checks of workplace review websites like Glassdoor and Indeed can all provide valuable feedback.
- Risk assessments: Conduct regular assessments to establish any specific risks, plan accordingly and take action to prevent and reduce those risks.
- Reporting channel: Ensure that employees, workers and contractors know what to do if they experience or witness sexual harassment. Consider setting up a dedicated confidential and safe reporting channel that allows for anonymous reports if desired.
- Training: Implement comprehensive training programmes to educate employees and workers about sexual harassment, defining sexual harassment, emphasising prevention, awareness and the importance of maintaining an anti-harassment workplace.
- Handling complaints promptly: Develop a robust procedure for responding to complaints, ensuring investigations are timely, impartial and thorough.
- Harassment by third parties: The EHRC guidelines require your policy to cover this and consider what reasonable steps you could take to prevent harassment of your staff by third parties (such as clients or customers).
- Monitoring and evaluation: Regularly monitor and evaluate whether your anti-harassment measures are effective and make improvements where needed.
In summary
Current UK law requires employers to take reasonable steps to prevent sexual harassment. This means taking proactive and preventative steps, not merely reacting to incidents after they occur. Employers must not be found to have done nothing or not enough to protect their employees.
We can help you assess your organisation’s current level of preparedness, update your anti-harassment policies, deliver manager and employee training and provide ongoing HR support to ensure compliance and cultural integrity.
Contact our HR Consultancy team to discuss your organisation’s needs.
