Preventing Sexual Harassment in the Workplace

Be alert on 26 October as the new preventative duty in relation to sexual harassment comes into force!

The Worker Protection Act 2024 introduces a new duty on employers to take reasonable steps to prevent sexual harassment of their staff and workers during the course of their employment. This means that employers will need to take reasonable proactive measures to prevent sexual harassment from occurring in the workplace.

 

What amounts to sexual harassment?

Sexual harassment is defined as “unwanted verbal, non-verbal or physical conduct of a sexual nature which has the purpose or effect of violating the recipient’s dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment for the recipients.”

In any workforce there will be a range of attitudes about what conduct is considered to be offensive, humiliating, intimidating, hostile or dangerous. What one worker might see as harmless fun or ‘banter’; another may find unacceptable.

Section 26 – Harassment:

Under section 26 of the Equality Act 2010, determining whether a behaviour counts as harassment depends on:

• the circumstances of the situation,
• how the person receiving the unwanted behaviour views it, and
• if the person receiving the behaviour is ‘reasonable’ to view it as they do.

When someone files a harassment claim with an employment tribunal, the judge will evaluate whether a ‘typical’ person would see the behaviour as harassment.

The obligation to take reasonable steps.

What is considered reasonable will vary from employer to employer, and unfortunately the law does not specify exact steps for compliance. However, the Equality and Human Rights Commission (EHRC) has outlined a few essential actions employers should take at the very least:

1.Develop an Effective Anti-Harassment Policy:

An employer may have separate polices to deal with sexual harassment and other forms of harassment, or a single policy covering both. A good policy should specify the steps the Company will take to prevent harassment and provide a thorough procedure for handling complaints.

2. Engage your Staff:

Conducting regular 1-2-1s, running staff surveys, conducting exit interviews and having an open-door policy can help identify where current risks lie. These tools allow employers to gauge whether current measures are working and address any emerging issues.

3. Undertake a Risk Assessment:

A thorough risk assessment will help you comply with the new preventative duty. Consider factors that might increase the likelihood of sexual harassment and the steps that can be taken to minimise them. Here are some key questions to consider when performing your risk assessment:

• • Are there any power imbalances?
  • Is there a lack of diversity in the workplace?
  • Are certain groups or roles more vulnerable due to job security concerns?
  • Do staff work alone or at night?
  • Do staff have customer facing roles?
  • Are staff required to attend external events, conferences or training?
  • Do staff socialise outside of work?
  • Do staff engage in crude or disrespectful behaviour at work?

The Alpha Team can provide you with a risk assessment tool upon request for you to use as a guide.

4. Consider a Reporting System:

Establishing a system where workers can raise concerns, either anonymously or in name, such as an online or independent telephone-based service.

Keeping a confidential, centralised record of all concerns raised, both formal and informal, allows you to identity if any trends are occurring and take appropriate action.

5. Provide Sexual Harassment Training:

All employers, including managers and senior staff, should receive training on:

• • what sexual harassment in the workplace looks like,
  • what to do if they experience or witness it, and
  • how to handle any complaints of harassment.

In industries where third-party harassment from customers is more likely, workers should also be trained on how to address these issues.

6. What to do when a Harassment Complaint is made?

Act immediately on any complaint, consider how the worker wants it to be resolved, respect the confidentiality of all parties and protect the complainant from ongoing harassment.

7. Harassment by Third Parties:

Harassment by customers, clients, patients, suppliers or any other third parties should be treated with the same seriousness as that by a colleague. Employers must take proactive steps to prevent this, such as establishing clear reporting systems and assessing high-risk areas where employees may be left alone with third parties.

8. Monitor and Evaluate:

It is important to regularly evaluate the effectiveness of the steps you put into place to prevent sexual harassment, consider how effectively a complaint was dealt with and how to improve in the future.

For a more detailed breakdown on the above steps, read the EHRC 8-Step Guide or contact the Alpha Team for further resources and guidance.