Writing Your Sexual Harassment Policy

• A sexual harassment policy is essential to set behavioural expectations and outline clear reporting procedures.
• Policies must include protections and support measures to encourage employees to report incidents.
• Common mistakes, like failing to review or making policies hard to access, can undermine their effectiveness.
• Managers play a crucial role in enforcing and promoting the policy to maintain workplace trust and respect.
• Training ensures employees and managers understand their roles in preventing and addressing harassment.

Sexual harassment at work is a serious issue in the UK. According to a 2020 government survey, nearly a third of all employees (29%) experienced some form of sexual harassment in the course of employment over a 12-month period.

Sexual harassment can have serious consequences. For employees, it can severely impact their mental health, job satisfaction and overall wellbeing. Many victims report stress, anxiety and a diminished sense of safety at work, which can completely derail careers.

There are ramifications for employers, too. Unchecked harassment erodes trust among staff, which affects collaboration, productivity and retention rates. It also makes further harassment likely. Workplace cultures can quickly become toxic if staff recognise offensive behaviour won’t be challenged and victims won’t be supported.

And if employees can’t find support within their organisation, they can go elsewhere. Wronged employees can bring sexual harassment complaints to an employment tribunal. If complaints are successful, employers are expected to pay compensation. There’s currently no upper limit to what an employer can pay.

You can’t prevent sexual harassment if your company doesn’t take a stand on it. A well-written sexual harassment policy communicates expectations for behaviour and reinforces that harassment will not be tolerated. It also ensures staff who experience (or witness) sexual harassment are supported and their complaints are taken seriously.

As mentioned, employers are now expected to take reasonable steps to prevent sexual harassment. Your policy will help with this. Employees who know what is and isn’t acceptable are more likely to behave professionally. And clear disciplinary procedures can deter all but the most determined harassers.

But a policy alone isn’t enough to meet your preventative duties. You need to assess the risks of sexual harassment and anticipate where it’s likely to happen. Based on this assessment, you can plan how harassment can be prevented.

A good sexual harassment policy serves two purposes:

• It sets out your organisation’s position on sexual harassment.
• It establishes procedures for handling sexual harassment complaints.

The first point is ideological. Putting your commitments to staff safety and equality in black and white makes it more likely you’ll uphold them.

The second point is practical. While preventing sexual harassment is the goal, you can’t control employees. Some may still offend, humiliate or degrade their colleagues (as the statistics show). If harassment happens in your workplace, you need clear procedures to deal with it and ensure it’s an isolated event.

Below, we’ve outlined the essential elements of an effective sexual harassment policy.

Staff need to know what is and isn’t acceptable at work. Otherwise, harassers can claim ignorance or defend their actions as “banter.”

So, your policy must define:

• What sexual harassment is with examples of unacceptable behaviour.
• How harassment is distinct from bullying.
• Where the policy applies (it must now cover all work-related events and harassment from third parties, not just the workplace).

It should also clarify that something can count as harassment, even if no offence was intended. Likewise, if behaviour is meant to upset, it’s always harassment, even if the target is unfazed.

Employees need to know how to report incidents and feel confident that their concerns will be taken seriously.

Your policy should outline multiple reporting channels so employees can always speak to someone objective.

Also, highlight that reporting is a positive step, and anyone who makes a sexual harassment complaint will be listened to and supported. This reassurance should include a guarantee of confidentiality and protection from retaliation.

Employees need to understand what happens after a report is made and trust that their complaints will be resolved appropriately. There are two options for this:

• Informal resolutions: If employees choose to, they can settle complaints informally. A mediated discussion can be helpful to “clear the air” and resolve misunderstandings or minor concerns quickly. But any decision to seek an informal resolution must be entirely the employee’s own. They cannot be pressured into it.
• Formal resolutions: More serious complaints should trigger a structured investigation. This option involves a neutral investigator gathering evidence and all parties presenting their version of events. If complaints are legitimate, harassers should face formal disciplinary action or dismissal.

Employees might not report harassment if they see other complaints being ignored or cases dragging on. Including timescales can help ensure complaints are handled promptly.

While most cases should follow the standard timeline, complex situations will take longer to resolve. If there are any delays, be transparent with all parties and provide regular updates.

Sexual harassment can be extremely distressing. Your policy should summarise how employees who’ve been affected by harassment will be supported. Provide information about counselling or employee assistance programmes available to staff.

Also, be sure everyone who handles complaints has been trained to do so.

Training is essential to ensure your policy is effective and understood. Include:

• Mandatory staff training that covers what constitutes harassment, how to report it and your zero-tolerance policy.
• Manager-specific training on handling complaints, conducting investigations and supporting employees.
• Refresher courses to reinforce key points and address any policy changes.

Even the best-written policies will fail if they’re not implemented correctly. Below are common mistakes to avoid.

Policies that aren’t regularly reviewed can become outdated or ineffective. Set a clear schedule for reviewing your policy – at least annually or after significant changes in law or workplace dynamics. Use employee feedback and incident data to refine the policy and ensure it stays relevant and effective.

Employees won’t pay much attention to policies that are hard to follow or access. Provide personal copies (either in print or digital) so employees can read them privately.

Use plain, straightforward language to make it easy for everyone to understand, regardless of their role or literacy level.

If employees don’t confirm they’ve read and understood the policy, it weakens its effectiveness. Ask all staff to sign an acknowledgement form to demonstrate they understand their responsibilities and the company’s position.

Managers play a key role in enforcing your policy. If they fail to champion it or handle complaints consistently, the policy will lose credibility. Train managers to understand and follow the policy and encourage them to remind staff regularly of its key points. Visible commitment from leadership reinforces the organisation’s stance against harassment.

You can’t fulfil your legal duty to prevent sexual harassment if managers can’t implement your policies and ensure complaints are properly resolved.

Our online Sexual Harassment for Managers training course provides the knowledge needed to handle complaints, support employees and create a safe, respectful work environment. It also covers how to assess the risks of sexual harassment and take steps to prevent it, as required by law.