Increase in sexual harassment reports follows legal reform – how firms can support their employees

The number of sexual harassment disputes reported to Acas has risen significantly following the introduction of the Worker Protection (Amendment of Equality Act 2010) Act 2023 in October last year.

Sexual harassment can damage people’s careers, as well as affect their mental and physical health.

Unfortunately, workplace sexual harassment is often inadequately addressed by employers.

It is essential to be proactive and systematic in how your company prevents and tackles sexual harassment in the workplace.

How to prevent sexual harassment in your workplace

Britain’s equality watchdog, the Equality and Human Rights Commission (EHRC), has published an eight-step action plan to help employers prevent sexual harassment in the workplace.

  1. Develop and widely communicate a robust anti-harassment policy – This should specify who is protected, state that sexual harassment will not be tolerated and is unlawful, explain that disciplinary action up to and including dismissal may be taken, and address third party sexual harassment.
  2. Engage with staff – Utilise one-to-one meetings, surveys and exit interviews, and have open door policies. This will enable you to remain proactively aware of what is happening in the workplace and any warning signs of sexual harassment.
  3. Undertake regular risk assessments to identify where sexual harassment may occur and the steps to prevent it – Take into account, for example: power imbalances; the diversity (or lack of) in your workforce; staff working alone or at night; and staff with customer-facing duties.
  4. Implement a clear reporting system – Explain clearly to all workers how to recognise sexual harassment and what to do if they experience or witness it.
  5. Train staff – All workers should be trained on what sexual harassment in the workplace looks like, what to do if they experience or witness it, and how to handle any complaints of harassment, including in cases involving a third party. Regular refresher sessions should be offered.
  6. Act immediately to resolve complaints – Take into account how the worker wants their complaint to be resolved and protect the complainant from ongoing harassment or being victimised during an investigation or complaint (for example, by moving the alleged harasser to another team or site). Respect the confidentiality of all parties and ensure that witnesses to the harassment are protected.
  7. Establish clear guidance for cases of harassment by a third party – Put specific reporting mechanisms in place and assess high-risk workplaces where staff might be left alone with customers.
  8. Monitor and evaluate the effectiveness of company actions – Review complaints data, survey staff anonymously on their experiences (including what further steps they think you could take), hold lessons-learned sessions after any complaints of sexual harassment are resolved, and review policies, procedures and training regularly. Consider whether there are further steps that would be reasonable for you to take.

By following this eight-step process, you can make sure that your company is well positioned to prevent and tackle sexual harassment – making life better for you and your employees.

Changing the culture, changing the narrative

Preventing sexual harassment is not a ‘tick-box’ exercise: employers have a moral as well as a legal duty to protect and support their employees.

Beyond implementing effective policies, procedures, and training, it is vital to create a workplace environment in which harassment is genuinely understood to be a serious offence – one where the blame and consequences fall on the aggressor rather than the victim.

Senior leaders have a defining influence on the working culture and set the tone for expectations around behaviour and workplace civility.

You need to embed and live the values and behaviour that underpin dignity, respect and inclusion.

Where you lead, your employees will follow.

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