On 26 October 2024, the new mandatory duty requiring employers to take reasonable steps to prevent sexual harassment in the workplace comes into force.
This affects every business and employers need to take action now to ensure you can confidently handle any harassment issues, safeguard your employees and your business.
The Equality and Human Rights Committee (EHRC) have provided guidance on what ‘reasonable steps’ employers should take to prepare for the new legislation:
Risk Assessments
Carry out a risk assessment in the same way you would for other workplace risks. This should anticipate scenarios where workers may be subject to sexual harassment and then take action to reduce or remove the risk. It is important to remember that what is reasonable will vary from employer to employer, depending on the size and nature of the organisation, the resources available and the risk factors which need to be addressed.
Policies
Review, update and implement anti-harassment policies and ensure these are communicated to staff. This may include Equal Opportunities, Bullying and Harassment, Disciplinary and Grievance Policies. Encourage staff to be involved in developing policies by seeking input from representatives from different parts of the organisation and varying levels of seniority.
Training
Provide staff and managers with thorough and effective training, followed up with refresher training on a regular basis. A brief training session that is more of a tick-box exercise will not be sufficient to meet the new duty. Training should include what sexual harassment is, the fine line between ‘banter’ and harassment, how staff can report sexual harassment and how managers can recognise, respond to and deal with complaints. Make sure staff feel empowered and understand ways in which to call out unacceptable behaviour.
Complaints Reporting Procedures
Put in place a clear and confidential reporting process with as many ways of reporting sexual harassment as possible, so staff feel confident and secure in reporting instances of sexual harassment and inappropriate behaviour without retaliation. Ensure that the business takes steps to deal effectively and quickly with complaints, including taking disciplinary action where appropriate. Ensure that lessons are learned where an issue is identified.
Culture
Foster an inclusive culture by creating and maintaining a climate of respect and inclusion within the workplace, with a zero-tolerance approach to harassment. Make it clear via communications and notices to both staff and third parties that sexual harassment is not tolerated in the workplace. Send a clear and consistent message from the top of the organisation that the business wants to know about any issues and that anyone reporting sexual harassment will be heard and respected. This can be communicated through policies, training and open dialogue at all levels of the business.
The new duty comes into force in a month’s time, so it is important to act now to comply and make sure your house is in order.
If you would like to discuss the steps your organisation should be taking in relation to the new duty to prevent sexual harassment, or you would like information about our training courses, please contact our Employment Team on 0345 646 0406 or complete an online enquiry form, and a member of the team will be in touch.