Sexual harassment in the workplace is a serious issue that can harm both employees and the organisational culture. Under the Worker Protection (Amendment of Equality Act 2010) Act 2023, employers are legally obligated to take reasonable steps to prevent, address, and resolve sexual harassment. By implementing specific policies and practices, employers can ensure a safer and more respectful work environment. Below, we have outlined the necessary steps employers should take to ensure they are legally compliant.
The first step an employer should take is to establish a clear anti-harassment policy. This policy should clearly define sexual harassment, provide examples of unacceptable behaviours, and outline consequences for violations. It should also specify how employees can report harassment confidentially and without fear that the alleged person will retaliate. Ensuring the policy is accessible and communicated to all employees is critical.
Employers should conduct mandatory training sessions for all employees, including management, to ensure they understand what is defined as sexual harassment and how to prevent it. This training should cover the legal definition of harassment, examples of inappropriate conduct, and the reporting procedures in place. Regular updates and refresher courses help keep employees informed and aware.
Employers must offer a safe, confidential, and accessible system for employees to report harassment. Multiple reporting channels, such as email, phone, or an online portal, should be available. Employees should feel confident that their complaints will be taken seriously and handled with discretion. Additionally, the employer must ensure that there is protection against retaliation for those who report harassment.
Upon receiving a complaint, employers must act promptly and investigate the issue fairly and thoroughly. Investigations should respect the confidentiality of all parties involved, and steps should be taken to prevent further harassment during the process. If harassment is found, appropriate disciplinary action should be implemented in accordance with company policies and the severity of the behaviour.
Employers should offer support to employees who report harassment. This may include access to counselling services or assistance in navigating workplace dynamics. Ensuring the wellbeing of complainants helps maintain a healthy and respectful workplace culture.
The EHRC has provided some useful guidance and practical examples for review. Click here to access the guidance.
For more information, please contact our employment team.
