The Equality and Human Rights Commission (EHRC) has introduced a comprehensive "8-step guide" aimed at assisting employers in preventing sexual harassment in the workplace. This guide is part of a broader initiative to enforce a new legal duty, effective from 26 October 2024, requiring employers to take proactive and reasonable steps to prevent sexual harassment. This duty, known as the "preventative duty," is designed to transform workplace cultures by mandating employers to anticipate and mitigate risks of sexual harassment before they occur. Below, we delve into each step of the guide, providing detailed insights and practical advice for employers.
Step 1: Develop an Effective Anti-Harassment Policy
Policy creation: Employers are encouraged to develop a robust anti-harassment policy that clearly defines what constitutes sexual harassment and outlines the consequences of such behaviour. This policy should be comprehensive, covering harassment by both employees and third parties such as clients and customers.
Policy communication: It is crucial that the policy is communicated effectively to all employees. This can be achieved through regular training sessions, inclusion in employee handbooks, and visible postings in common areas. The policy should also be easily accessible, ensuring that all employees are aware of its contents and implications.
Regular review: The policy should not be static; it requires regular reviews and updates to ensure it remains relevant and effective. This includes incorporating feedback from employees and adapting to any changes in the legal landscape or workplace environment.
Step 2: Engage with Staff
Consultation and feedback: Engaging with staff is a critical component of the preventative duty. Employers should actively seek feedback from employees regarding the anti-harassment policy and any measures in place. This can be done through surveys, focus groups, or direct consultations with trade unions or employee representatives.
Open communication channels: Establishing open lines of communication is essential. Employers should encourage employees to voice concerns or report incidents without fear of retaliation. This can be facilitated through regular one-on-one meetings, suggestion boxes, or anonymous reporting systems.
Training and awareness: Regular training sessions should be conducted to educate employees about what constitutes sexual harassment, how to report it, and the consequences of such behaviour. Training should be tailored to different levels of staff, ensuring that everyone, from entry-level employees to senior management, understands their role in preventing harassment.
Step 3: Assess and Take Steps to Reduce Workplace Risk
Risk assessment: Conducting a thorough risk assessment is a fundamental step in identifying potential areas where sexual harassment might occur. This involves evaluating the workplace environment, identifying high-risk areas, and considering factors such as power imbalances, lone working, and out-of-hours activities.
Action plan development: Based on the risk assessment, employers should develop an action plan outlining specific steps to mitigate identified risks. This plan should be dynamic, allowing for adjustments as new risks are identified or as the workplace environment changes.
Monitoring and evaluation: Regular monitoring and evaluation of the action plan are necessary to ensure its effectiveness. Employers should track the implementation of risk mitigation measures and assess their impact on reducing incidents of sexual harassment.
Step 4: Set Up a Reporting System
Anonymous reporting mechanisms: Employers should establish a reporting system that allows employees to report incidents of sexual harassment anonymously if they choose. This can help overcome barriers to reporting and ensure that all incidents are captured.
Clear reporting procedures: The reporting system should have clear procedures that outline how reports will be handled, who will be involved in the investigation, and what the potential outcomes might be. Transparency in the process can build trust and encourage more employees to come forward.
Support for complainants: It is important to provide support to those who report harassment. This can include access to counselling services, legal advice, or support groups. Ensuring that complainants feel supported can encourage others to report incidents and contribute to a safer workplace environment.
Step 5: Training
Comprehensive training programmes: Employers should implement comprehensive training programmes that cover all aspects of sexual harassment, including prevention, identification, and response. Training should be mandatory for all employees and include regular refresher sessions to reinforce key messages.
Role-specific training: Different roles within the organisation may require different training focuses. For example, managers may need additional training on how to handle complaints and support affected employees, while frontline staff may need training on recognising and reporting harassment.
Evaluation of training effectiveness: Employers should regularly evaluate the effectiveness of their training programmes. This can be done through feedback surveys, assessments, and monitoring the number of reported incidents before and after training sessions.
Step 6: Handling harassment complaints
Prompt and fair investigation: When a complaint is made, it should be investigated promptly and fairly. Employers should have a clear process in place for conducting investigations, ensuring that they are thorough and impartial.
Confidentiality and sensitivity: Maintaining confidentiality is crucial in handling harassment complaints. Employers should ensure that information is only shared with those who need to know and that all parties involved are treated with sensitivity and respect.
Resolution and follow-up: Once an investigation is complete, employers should take appropriate action based on the findings. This may include disciplinary action, mediation, or other measures to resolve the issue. Follow-up with the complainant is also important to ensure that they feel the issue has been adequately addressed.
Step 7: Dealing with third-party harassment
Policy inclusion: Employers should ensure that their anti-harassment policies explicitly cover harassment by third parties, such as clients, customers, or contractors. This should include clear procedures for reporting and addressing such incidents.
Risk assessment for third parties: As part of the risk assessment process, employers should consider the potential for harassment by third parties and take steps to mitigate these risks. This may involve training staff on how to handle difficult situations or implementing measures to limit exposure to high-risk third parties.
Communication with third parties: Employers should communicate their zero-tolerance policy for harassment to third parties and make it clear that such behaviour will not be tolerated. This can be done through contracts, signage, or direct communication with third-party representatives.
Step 8: Monitoring and evaluating actions
Regular review of policies and procedures: Employers should regularly review their anti-harassment policies and procedures to ensure they remain effective and relevant. This includes evaluating the outcomes of investigations, the effectiveness of training programmes, and the overall workplace culture.
Data collection and analysis: Collecting and analysing data on reported incidents, training attendance, and employee feedback can provide valuable insights into the effectiveness of the measures in place. This data should be used to inform future actions and improvements.
Continuous improvement: The process of preventing sexual harassment is ongoing. Employers should be committed to continuous improvement, regularly seeking feedback from employees and making necessary adjustments to policies and practices.
Additional considerations
Legal compliance: Employers must ensure that their policies and practices comply with relevant legislation, such as the Equality Act 2010 and the Worker Protection (Amendment of Equality Act 2010) Act 2023. This includes understanding the legal definitions of harassment and the obligations under the new preventative duty.
Cultural change: Beyond compliance, employers should strive to create a workplace culture that values respect and inclusivity. This involves promoting diversity, addressing power imbalances, and fostering an environment where all employees feel safe and supported.
Leadership commitment: The commitment of senior leadership is crucial in driving change. Leaders should model appropriate behaviour, support anti-harassment initiatives, and hold themselves and others accountable for maintaining a harassment-free workplace.
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