Updated guidance on preventing sexual harassment

With the Worker Protection (Amendment of Equality Act 2010) Act now in force, employers should by now be familiar with the ‘preventative duty’ relating to sexual harassment at work.

The legislation places employers under a legal obligation to take steps to prevent their workers being sexually harassed, including by third parties like customers. This requires employers to be proactive, identifying risks and taking steps to stop harassment – such as making sexual remarks, sharing pornographic images, or touching someone against their will - happening.

With these legislative changes, the Equality and Human Rights Commission (EHRC) has published updated guidance to help employers prepare for and meet the requirements of the new duty. The ‘8-step guide’ is part of that. In summary:

1. Develop an effective anti-harassment policy

This should set out a number of things, including the procedure for receiving and responding  to complaints of sexual harassment, and that sexual harassment may lead to disciplinary action. 

2. Engage your staff

Engagement through staff surveys, exit interviews and open door policies (for example) will help you spot potential issues and measure the effectiveness of the preventative steps you’re taking.

3. Assess and take steps to reduce risk in your workplace

Ask questions such as: are staff working alone or at night? Do staff socialise outside work? Is there a lack of diversity in your workforce?

4. Reporting

Consider an online or an independent telephone-based service to enable workers to raise issues anonymously if they choose to. It's also vital to keep confidential records of all concerns raised.

5. Training

Train workers, including managers and senior staff, on what sexual harassment looks like, what to do if they experience or witness it, and how to handle harassment complaints.

6. What to do when a harassment complaint is made

There are some really important parts to this, including: acting immediately to resolve the complaint; respecting confidentiality; protecting the complainant from ongoing harassment; potentially speaking to the complainant about whether they want to involve the police.

7. Dealing with harassment by third parties

This should be treated as seriously as harassment by a colleague, and employers must take steps to prevent it. The guide gives as examples: putting reporting mechanisms in place and assessing high-risk workplaces in which staff might find themselves alone with customers.

8. Monitor and evaluate your actions

This includes: reviewing your complaints data to spot particular issues or trends; carrying out anonymous surveys to ascertain staff experiences of sexual harassment; and regularly reviewing policies, procedures and training.

Organisations that fail to take reasonable steps to prevent sexual harassment could face enforcement action even if no incident of sexual harassment has taken place. The legislation also enables tribunals to increase compensation awards by 25% where the employer failed to meet the preventative duty. These factors, along with the harm caused to those subjected to sexual harassment, make it imperative that employers understand their legal obligations and put in place the right processes and procedures.

For advice about this, or any workplace issue, contact us on 01264 353411 or email info@bsandi.co.uk.