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This document will help managers and senior teams ensure that they are complying with their duty to prevent sexual harassment in the workplace – as outlined in the Worker Protection Act (2023) that came into effect as of 26 October 2024.
Employers and line managers should act now before any incidents of sexual harassment occur, proactively identifying situations when its workers may be subject to sexual harassment and implement measures to prevent it taking place. If sexual harassment has taken place, the preventative duty means an employer or line manager should take action to stop sexual harassment from happening again.
Whilst most responsibilities for compliance lie with senior teams, we’ll start with the steps line managers should take – both to prevent sexual harassment and when allegations are reported.
Steps for line managers
Line managers play a crucial role in creating a safe and respectful work environment. Here are practical steps line managers can take to mitigate risks, particularly during work events, and how to respond when an allegation is reported.
Step 1: Foster a culture of respect
Creating a respectful workplace begins with the tone set by line managers. Encourage open dialogue about inappropriate behaviour and promote a zero-tolerance approach to harassment. You should:
- Lead by example: Model respectful behaviour in your interactions with all team members.
- Encourage open communication: Create an environment where employees feel safe discussing concerns without fear of retaliation. Regularly solicit feedback on workplace culture.
Step 2: Educate your team
Awareness and understanding of what constitutes sexual harassment are vital. Regular training sessions can help employees recognise and report inappropriate behaviour. The below should be made available by your organisation, and you should:
- Regular training: Ensure that your teams join training sessions that cover the definitions of sexual harassment, the impact of such behaviour, and the importance of reporting. One such provider of a range of expert workplace diversity and inclusion training services is The Clear Company.
- Provide resources: Share internal and external materials from organisations such as the Equality and Human Rights Commission that detail employees’ rights and responsibilities.
Step 3: Carry out a risk assessment
Line managers should endeavour to identify and mitigate risks in their teams’ daily work and workplaces. Such assessment could involve the use of employee surveys, looking at complaint records, exit interviews and any culture audits. Employers should consider the risk from all sources, including third parties such as customers, clients and visitors. You should:
- Consider the risks of sexual harassment occurring in the course of your team’s daily work
- Consider what steps you can take to reduce those risks and prevent sexual harassment
- Consider which of those steps it would be reasonable for you to take
- Implement those reasonable steps
Step 4: Manage Work Events Carefully
Work events, especially those where alcohol is served, can create an environment conducive to inappropriate behaviour. Proactive management of these events is crucial. You should:
- Set clear expectations: Before any work event, communicate the expected code of conduct, especially regarding alcohol consumption and interactions among colleagues.
- Plan the event wisely: Ensure that the event is structured in a way that limits opportunities for harassment. This might include providing food alongside drinks and offering a range of non-alcoholic options.
- Have a presence: Attend events and remain visible to reinforce the expectation of respectful behaviour.
Step 5: Encourage Bystander Intervention
Encouraging team members to speak up when they witness inappropriate behaviour can help prevent harassment before it escalates. You should:
- Train on bystander intervention: Include training on how to intervene safely when witnessing harassment, equipping employees with the tools to act appropriately.
- Foster a supportive environment: Make it clear that intervening is valued and that support will be provided for those who take action.
Step 6: Rapid response to allegations
When an allegation of sexual harassment arises, prompt and appropriate action is crucial. Line managers must handle these situations sensitively and effectively. You should:
- Listen and support: If an employee reports an allegation, listen carefully and reassure them that their concerns are taken seriously. Avoid making any assumptions or jumping to conclusions.
- Follow company procedures: Ensure that you follow the established procedures for reporting and investigating complaints, as outlined in your organisation’s policy.
- Maintain confidentiality: Protect the privacy of all parties involved to the greatest extent possible, keeping discussions confidential.
Step 7: Conduct a fair investigation
Investigating allegations of harassment requires diligence and impartiality. Line managers should ensure that the process is fair and thorough. You should:
- Engage trained personnel: Involve HR or trained investigators to handle the investigation, ensuring that the process is unbiased and compliant with legal standards.
- Document everything: Keep detailed records of all communications, findings, and actions taken throughout the investigation.
Step 8: Take appropriate action
Based on the findings of the investigation, decisive action must be taken to address any confirmed instances of harassment. You should:
- Implement disciplinary measures: If harassment is confirmed, ensure that appropriate disciplinary measures are enforced, ranging from warnings to termination, in line with your organisation’s policies.
- Support the victim: Provide ongoing support to the affected employee, such as counselling or adjustments to their work environment, to ensure their well-being.
Line managers have a pivotal role in preventing sexual harassment and fostering a respectful workplace. By implementing these practical steps and remaining vigilant, you can help mitigate risks and respond effectively to allegations. Proactive management will not only ensure compliance but also contribute to a safer and more inclusive workplace.
Steps for senior teams
Sexual harassment in the workplace is a serious issue that can lead to significant wellbeing, legal, financial, and reputational consequences for organisations. It is crucial for employers to implement effective strategies to prevent harassment and foster a safe, respectful work environment. The Equality and Human Rights Commission (EHRC) offers an 8-step guide that provides a structured approach for employers. We outline these steps below.
Step 1: develop an effective anti-harassment policy
Your bullying and harassment policy (or separate policies on each) should:
- specify who is protected
- state that sexual harassment will not be tolerated and is unlawful
- state that the law requires employers to take reasonable steps to prevent sexual harassment of their workers
- state that harassment or victimisation may lead to disciplinary action up to and including dismissal
- state that aggravating factors, such as abuse of power over a more junior colleague, will be taken into account in deciding what disciplinary action to take
- define sexual harassment and provide clear examples of it -examples should be relevant to your working environment and reflect the diverse range of people that harassment may affect
- include an effective procedure for receiving and responding to complaints of harassment
- address third-party harassment (such as by customers or service users)
The section addressing third party harassment should explain clearly:
- that the law requires employers to take reasonable steps to prevent sexual harassment by third parties
- that while an individual cannot bring a claim for third-party harassment alone, it can still result in legal liability when raised in other types of claim
- that it will not be tolerated
- that workers are encouraged to report it
- what steps will be taken to prevent it
- what steps will be taken to remedy a complaint and prevent it from happening again
- for example, warning a customer about their behaviour, banning a customer, reporting any criminal acts to the police or sharing information with other branches of the business
The overall policy should also:
- include a commitment to review the policy at regular intervals, monitor its effectiveness and implement any changes that may be required
- cover all areas of the business including any overseas sites, subject to any applicable local laws
Step 2: engage your staff
Conduct regular 1-2-1s, run staff surveys and exit interviews, and have open door policies.
You should use these to help you understand where any potential issues lie and whether the steps you are taking are working.
Make sure that all workers are aware of:
- how they can report sexual harassment
- your sexual harassment policy
- the consequences of breaching the policy
Step 3: assess and take steps to reduce risk in your workplace
Undertaking a risk assessment will help you comply with the preventative duty. When doing a risk assessment, consider factors that might increase the likelihood of sexual harassment and the steps that can be taken to minimise them.
For example:
- Where are the power imbalances?
- Is there a lack of diversity in your workforce?
- Is there job insecurity for a particular group or role?
- Are staff working alone or at night?
- Do your staff have customer-facing duties?
- Are customers or staff drinking alcohol?
- Are staff expected to attend external events, conferences or training (particularly overnight stays)?
- Do staff socialise outside of work?
- Do staff engage in crude or disrespectful behaviour at work?
Step 4: reporting
Implement a reporting system (such as an online or independent telephone-based service) that allows workers to raise an issue either anonymously or in name. This platform is one such channel.(ClearTalents)
Explain clearly to all workers:
- what is considered acceptable behaviour
- how to recognise sexual harassment
- what to do if they experience or witness it
Keep centralised, confidential records of all concerns raised, formal and informal. This enables trends to be identified.
Step 5: training
Workers, including managers and senior staff, should be trained on:
- what sexual harassment in the workplace looks like
- what to do if they experience or witness it
- how to handle any complaints of harassment
In industries where third-party harassment from customers is more likely, workers should also be trained on how to address these issues.
You should review the effectiveness of any training and offer refresher sessions at regular intervals.
Step 6: what to do when a harassment complaint is made
Act immediately to resolve the complaint, taking into account how the worker wants it to be resolved.
Respect the confidentiality of all parties.
Protect the complainant from ongoing harassment or being victimised during an investigation or complaint. For example, move the alleged harasser to another team or site. You should also protect witnesses to the sexual harassment.
If a worker makes a complaint of harassment that may be a criminal offence, you should speak to the individual about whether they want to report the matter to the police and support them with this if they go ahead.
Only use confidentiality agreements (also known as confidentiality clauses, non-disclosure agreements, NDAs, or gagging clauses) where it is lawful, necessary and appropriate to do so. For more information, read our guidance on the use of confidentiality agreements in discrimination cases.
Always communicate the outcome of the complaint and outline any appeals process to the complainant in a timely manner.
Step 7: dealing with harassment by third parties
Harassment by a third party, such as a customer, client, patient, or supplier, should be treated just as seriously as that by a colleague.
Employers should take steps to prevent this type of harassment, including putting reporting mechanisms in place or assessing high-risk workplaces where staff might be left alone with customers.
Step 8: monitor and evaluate your actions
It is important to regularly evaluate the effectiveness of the steps you put in place to prevent sexual harassment in your workplace and implement any changes arising from that. This will help you comply with the preventative duty and protect your staff from sexual harassment.
You could evaluate the effectiveness of the steps you have taken by:
- reviewing informal and formal complaints data to see if there are any trends or particular issues and appropriate actions
- surveying staff anonymously on their experiences of sexual harassment, including whether they have witnessed or been subjected to harassment, whether they have or would in the future report it (and if not, why not) and what further steps they think you could take
- comparing reported complaints with survey feedback to ensure you have an accurate reflection of the level of sexual harassment in your workplace, and take appropriate actions
- hold lessons-learned sessions after any complaints of sexual harassment are resolved
You should also review policies, procedures and training regularly. It is important to seek input from workers or their representatives, such as staff networks or trade unions, to consider whether any changes are needed. These changes should then be implemented, where appropriate.
You should also consider whether there have been any changes in the workplace or workforce that mean there are further steps that would now be reasonable for you to take.
Additional step: Promote a positive workplace culture
This final one isn’t included in the EHRC guidance. Creating a culture of respect and inclusivity is fundamental in preventing sexual harassment. Encourage open communication and empower employees to speak out against inappropriate behaviour. You should:
- Appoint a senior champion who will lead on strategy and support senior teams on awareness, training and prevention activities
- Foster an environment where diversity and inclusion are valued.
- Train Mental Health First Aiders and make employees aware of how to contact them.
- Recognise and celebrate positive behaviours that contribute to a respectful workplace.
Further support from Acas
If you are involved in an employment dispute or are seeking information on employment rights and rules, you can contact the Advisory, Conciliation and Arbitration Service (Acas):
Freephone: 0300 123 1100 (8am to 6pm Monday to Friday)
Text Relay service: 18001 0300 123 1100.