Preventing sexual harassment in the workplace is both a moral and legal duty. Employers must be proactive in anticipating and managing harassment risks or face enforcement action from the Equality and Human Rights Commission.
This guide outlines how to protect staff and fulfil your duty to prevent harassment. It covers policy writing, workplace culture, staff training and how to carry out a sexual harassment risk assessment.
Key Takeaways
- Implement a clear sexual harassment policy that defines unacceptable behaviour and outlines reporting procedures.
- Establish a shared understanding of what constitutes sexual harassment so employees can recognise their own and others’ unacceptable behaviour.
- Build a workplace culture that promotes respect, encourages open dialogue and takes complaints seriously.
- Ensure all staff receive training on recognising and addressing sexual harassment.
- Conduct thorough risk assessments to identify potential vulnerabilities and take immediate action to prevent harassment.
Why Preventing Sexual Harassment in the Workplace Must be a Priority
Despite progress, workplace sexual harassment is still a major problem. Research suggests that 40% of women and 18% of men have experienced sexual harassment at work. Some incidents involved unwelcome comments; others involved serious sexual assaults.
Just like incidents, consequences vary, too. With support, most people who experience harassment can move on without any lasting effects. But repeated or aggressive harassment can cause severe psychological harm. Victims might suffer from serious mental health problems, including anxiety, depression or post-traumatic stress disorder (PTSD).
Sexual harassment doesn’t just cause psychological harm, either. The suffering it causes can trigger headaches, sleeplessness and weight loss. It can also lower energy levels or leave people unable to concentrate.
Because sexual harassment causes psychological and physical harm, it must be recognised as a workplace hazard. This status means employers are legally required to prevent it.
The Law on Preventing Sexual Harassment in the Workplace
Under the Health and Safety at Work Act 1974, employers have a blanket duty to protect their employees from harm at work. Since sexual harassment can hurt mental and physical health, you have a duty to prevent it in the workplace.
Workplaces must also comply with the Equality Act 2010, which prohibits discrimination related to nine protected characteristics, three of which are:
- Sex
- Sexual orientation
- Gender reassignment
Sexual harassment inevitably relates to one of these three characteristics, which makes it illegal.
New Duties to Prevent Sexual Harassment in the Workplace
Laws on preventing sexual harassment in the workplace have also been toughened up recently. The Worker Protection (Amendment of Equality Act) Act 2023 requires employers to take “all reasonable steps” to protect their staff from sexual harassment “in the course of employment.”
Effectively, this means you must:
- Identify sexual harassment risks within your organisation and from third parties
- Take steps to manage sexual harassment risks and protect staff
If you fail in these duties, you could be forced to pay 25% more on compensation claims. And bear in mind compensation claims for sexual harassment are already uncapped.
Preventing Sexual Harassment in the Workplace
Preventing sexual harassment in the workplace depends on four essential tools:
- Policy
- Culture
- Training
- Risk assessment
Below, we’ve explored how you can use each one to create a harassment-free workplace.
Policy
A sexual harassment policy is the cornerstone of preventing harassment in the workplace.
It should clearly define sexual harassment, outline the process for reporting incidents and spell out the consequences for unacceptable behaviour.
Key elements to include in your sexual harassment policy are:
- Definitions: Define what constitutes sexual harassment so all employees know what is and isn’t acceptable. This shared understanding should prevent unintentional harassment in the guise of unwanted compliments, inappropriate touching and innocent “jokes.”
- Reporting Procedures: Outline a straightforward process for employees to report sexual harassment to their managers (and other senior figures if their manager is implicated.)
- Consequences: Be explicit about the disciplinary actions and potential termination for those found guilty of harassment.
Culture
When employees feel safe, respected and heard, they’re more likely to speak up if they experience or witness harassment.
Here are some key steps that help build the right culture:
- Lead by Example: Senior managers must actively show their commitment to preventing harassment through their behaviour.
- Encourage Open Dialogue: Invite employees to share feedback and discuss concerns in a safe, non-judgmental space.
- Follow-up Reports: Employees won’t report sexual harassment if complaints aren’t taken seriously. Make sure that any reports are investigated and acted on.
Training
Everyone in your organisation needs to understand what sexual harassment is, how to prevent it and how to report it. Your sexual harassment policy should cover these points, but it won’t be enough on its own. Regular, accessible training will reinforce your guidelines and expectations.
Here’s how to ensure your training is effective:
- Make It Mandatory: All staff, from entry-level to senior management, should complete sexual harassment training.
- Tailor It for Managers: Equip managers with specific training on investigating harassment claims and supporting employees who have been harassed.
- Track and Update: Make training part of the induction process. Keep training records and offer refresher courses for seasoned employees.
Risk Assessment
A sexual harassment risk assessment will help you identify where employees are vulnerable. From here, you can plan how to prevent harassment and fulfil your duties to protect your workers.
Here’s how to ensure your sexual harassment risk assessment is detailed:
- Analyse Past Incidents: Review reports and complaints to identify patterns or problem areas.
- Observe Workplace Dynamics: Pay attention to interactions among staff, especially in high-stress or isolated environments.
- Listen to Employees: Anonymously ask employees about their experiences or concerns related to harassment.
- Take Immediate Action: Address any red flags uncovered during the assessment by adjusting policies, training or supervision.
Preventing Sexual Harassment in the Workplace Checklist
To make it easier for you to ensure a harassment-free workplace, we’ve created a free checklist. This resource walks you through the key steps and best practices for preventing harassment.
You can download the Preventing Sexual Harassment at Work – Free Employer Checklist here.
The checklist will help you:
- Ensure your policies are up to date and clearly communicated
- Recognise where training is needed in your organisation
- Carry out a risk assessment to identify and address vulnerabilities
- Establish systems for handling complaints
Sexual Harassment Training for Managers
Managers play a critical role in preventing and addressing harassment. They must know how to recognise unacceptable behaviour, handle complaints sensitively and take steps to prevent harassment. Proper training ensures they’re equipped to manage these responsibilities effectively.
Our online Sexual Harassment Training for Managers course provides in-depth guidance on:
- Recognising different forms of harassment
- Handling complaints professionally
- Creating a respectful, harassment-free workplace
- Complying with sexual harassment legislation
Start training now and equip your managers with the knowledge they need to maintain a safe and respectful work environment.