New duty to prevent sexual harassment. Is your organisation ready?
On 26th October 2024, a significant change to employment legislation will come into force. The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces the duty on employers in the UK, to take reasonable and proactive steps to prevent sexual harassment in the workplace. As an employer your organisation should start preparing now to ensure compliance.
It is critical that your organisation adopts a pro-active, zero-tolerance approach to sexual harassment. It is also essential this approach is endorsed and led from the top.
Whilst you may not believe your organisation is the sort of place where sexual harassment might take place, understanding more about the definition and circumstances that can lead to sexual harassment taking place, could change your mind.
In many cases, sexual harassment is not intentional. It's the perception of the victim that must be considered. There is a high risk that conduct which may ordinarily be ‘excused’ as banter, has in fact caused an employee to feel intimidated, degraded, humiliated or offended or has violated their dignity.
Conducting a sexual harassment audit is a proactive step your organisation should take to prevent and address sexual harassment in the workplace.
Understanding your current provision can help inform where you should focus efforts to further improve the safety of your employees as well as improve your readiness for the new duty.
A significant part of this audit, should be a risk assessment. This helps you identify potential areas of risk and measures that can be taken to mitigate them, fostering a safer environment for your employees. Having a written record of the risk assessment is a vital step to demonstrate your organisation is taking the responsibilities and obligations seriously.
A risk assessment is just one step you should be taking between now and 26th October and beyond. This document outlines some key steps you could take toward adopting a zero-tolerance approach to sexual harassment:
1. Understand the law
• Equality Act 2010: Sexual harassment is unlawful under this act. Employers are legally required to take reasonable steps to prevent it.
• Health and Safety at Work Act 1974: This requires employers to ensure the health, safety, and welfare of their employees, which includes protection from harassment.
• The Worker Protection (Amendment of Equality Act 2010) Act 2023 - further placing the duty on employers to take a pro-active, zero-tolerance approach to sexual harassment.
2. Identifying Risk Factors
Conducting a risk assessment involves evaluating situations that may increase the likelihood of harassment. Key risk factors include:
• Work location: where are your workers based? Risk factors will likely vary between remote workers vs hybrid or on-site.
• Workplace Culture: If there’s a culture of tolerance for banter and/or inappropriate behaviour or poor reporting mechanisms, the risk is higher.
• Power Imbalances: Situations where one person holds authority over others (e.g., managers vs. subordinates) may increase risk.
• Work Environments: Certain work environments like isolated workplaces, male or female-dominated fields, or industries where socialising (e.g. hospitality) is common may face greater risks.
• Lack of Training: If employees and managers lack training on the definition of sexual harassment, appropriate workplace behaviour and reporting mechanisms, risks rise.
3. Consult Employees
Understanding how safe employees feel currently, can help with the approach your organisation takes. Engage with staff and employee representatives to understand their experiences and concerns. Anonymous surveys or focus groups can help highlight areas of concern.
4. Evaluate Current Policies
Review existing workplace policies, procedures, and reporting mechanisms to ensure they:
• Are up-to-date and in line with current legislation .
• Encourage reporting of incidents.
• Provide clear steps for handling complaints confidentially and promptly.
• Include support for victims (e.g., EAP, HR support).
5. Implement Preventative Measures
Based on the risk assessment, your organisation can introduce several preventive measures:
• Clear Bullying & Harassment Policies: These should be communicated to all staff regularly.
• Training: Provide annual training on what constitutes sexual harassment and how to report it.
• Strong Reporting Mechanisms: Ensure there are accessible, confidential channels for reporting harassment.
• Monitoring & Auditing: Regularly review harassment cases, employee surveys, and risk factors to ensure policies are effective.
6. Monitor and Review
Risk assessments should be revisited periodically and after any significant workplace changes (e.g. organisational restructuring, changes in the work environment).
Steps to Conduct a Sexual Harassment Risk Assessment:
1. Identify hazards: Assess specific work areas or situations where sexual harassment might occur. E.g. written online is potentially more likely in a remote working environment (whatsapp, Teams messages, emails); verbal and physical is potentially more likely in a central, on-site environment.
2. Determine who might be harmed or perpetrate and how: Consider employees, contractors, clients and other stakeholders.
3. Evaluate risks and control measures: Review existing controls, and assess their effectiveness.
4. Record findings and implement changes: Document your assessment, communicate outcomes, and make changes where needed.
5. Monitor and review: Regularly check for new risks or emerging patterns.
This may all feel daunting, especially if you haven’t reviewed your provision for preventing sexual harassment for a long time. The HR Agency can help!
Take your first step, by completing the quick assessment below and we’ll be in touch to support you further!
