The Equality and Human Rights Commission (EHRC) has issued new guidance for preventing harassment and victimisation at work. At present, it is not legally binding but it is expected to become a statutory code of practice in due course.
The guidance has been introduced following a finding by the EHRC that there was an ‘overwhelming need’ for tougher action on harassment in the workplace, particularly as employees may feel more able to speak up about such issues as a result of high profile celebrity cases and movements such as #MeToo and #TimesUp.
The EHRC recognises that ‘for too long the onus has been on the victim to challenge inappropriate treatment. By setting out legal requirements and providing practical examples on preventing and responding to harassment, we hope that our guidance will shift the burden back on to employers.’
What often makes harassment more difficult for employers to manage is the fact that every employee’s response to a particular situation will be different – what some might view as ‘banter’ others might find offensive. Harassment can include offensive, humiliating, intimidating, hostile or degrading behaviour relating to race, age, sexual orientation and gender identity, disability or religion. The intention behind a particular comment or joke doesn’t have to be to harass someone, it is the way it is received which is crucial.
The EHRC has written to large employers across the UK asking them to take the following steps to safeguard their employees from harassment, as well as to follow the practical advice set out in the guidance:
- Develop an effective anti-harassment policy
- Engage staff with regular one-to-ones and have an open door policy
- Assess and mitigate risks in the workplace
- Consider using reporting systems that allow workers to raise an issue anonymously or in name
- Train staff on what sexual harassment in the workplace looks like, what to do if workers experience it and how to handle complaints
- Act immediately when a harassment complaint is made
- Treat harassment by a third party just as seriously as that by a colleague
Above all, businesses need to ensure that they are tackling bad workplace culture.
Policies are only one part of the puzzle – a piece of paper is not going to solve deep-rooted issues. Instead, there must be a zero tolerance approach to sexual harassment. Inappropriate behaviour must be picked up and dealt with at an early stage in order to prevent matter escalating further. Those businesses who don’t take action are much more likely to face issues with retention as well as Employment Tribunal claims and civil liability for failing to prevent harassment.
The EHRC guidance can be found here.
For further advice about harassment at work, please contact a member of our Employment Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.