Date updated: Thursday 21st November 2024
On 26 October, the Worker Protection (Amendment of Equality Act 2010) Act 2023 came into effect, placing a legal duty on employers to take reasonable steps in preventing sexual harassment in the workplace, including harassment from third parties.
If you’re an employer, you may be wondering how this impacts you and what actions are required. Your approach will largely depend on your organisation and the safeguards and processes you already have in place. So, where should you start?
To begin preventing sexual harassment in the workplace, you may consider undertaking a risk assessment. Evaluate your organisation and identify areas where sexual harassment could occur. Don’t forget to consider risks from third parties, particularly if your employees interact with the public, such as in reception or customer-facing roles.
Once identified, document these areas in a risk assessment and use this to create an action plan to address the risks. Regular reviews of the risk assessment are crucial to ensure all areas are accounted for. If you’re uncertain about where to begin, consider surveying your staff for insights.
Robust policies are a cornerstone of preventing sexual harassment in the workplace. Review your existing policies to ensure they are comprehensive and up to date. Having a specific policy that sets out how you will deal with harassment is essential, and employees should know exactly where to find it. Employers may have one up to date policy that deals with all types of harassment, including sexual harassment or separate policies.
Survey your staff to confirm whether they are aware of these policies. If the answer is no, take steps to remind them where these resources are located and how they can access them.
Clear behaviour expectations are fundamental to a workplace free from harassment. Even if your organisation doesn’t have a formal code of conduct, it’s critical to communicate your expectations. This should encompass behaviour within the workplace, as well as online interactions, social media activity, and other communication methods such as phone and video calls.
Ensure these expectations are easily accessible to all staff, so employees understand their responsibilities and where to find relevant documentation.
A key element in preventing sexual harassment in the workplace is creating an environment where employees feel safe reporting issues. Your anti-harassment policy and/or separate anti-sexual harassment policy should clearly outline:
- who employees can report concerns to;
- what happens after a report is made; and
- protections in place to prevent victimisation.
Ensure this process is straightforward, transparent, and protective of the individual raising the concern.
Your organisation’s stance on sexual harassment must be unequivocal, and there should be a clear process for addressing reported incidents. Employees must understand the potential consequences for perpetrators and feel confident in the organisation’s commitment to a harassment-free workplace. These measures should be explicitly detailed in your policy/ies.
Employee training is a critical component of preventing sexual harassment in the workplace. Comprehensive training empowers staff to identify, report, and prevent harassment effectively. This obligation extends to all levels of your organisation, from support staff to senior management.
At Stone King, we offer a flexible training course designed to meet these needs. The course can be tailored into bundles for different employee levels, ensuring all team members receive appropriate guidance.
By following these steps, employers can work towards meeting the preventative duty while fostering a safe and respectful workplace culture. Prioritising preventing sexual harassment in the workplace benefits not only your employees but your organisation and society as a whole. At Stone King, we are fortunate to have in-house expertise from our team of HR consultants and employment solicitors. If you’d like further guidance, or to find out more about how we can support you, get in touch with one of our team today.