Sexual harassment: What employers need to know

Under Labour’s new protections, employers have a duty to take “reasonable steps” to prevent sexual harassment within the workplace.

This move aims to promote a safer, more inclusive environment for all employees and to shift workplace cultures toward proactive prevention rather than reactive responses.

What constitutes sexual harassment?

Let’s start with the basics. Establishing a clear understanding of what is considered sexual harassment is critical, as ultimately individuals will perceive and experience unwelcomed contact differently.

Sexual harassment is defined as unwanted conduct of a sexual nature. This can include a wide range of behaviours, such as sexual comments or jokes, propositions or sexual advances and unwelcomed touching (hugging or kissing).

It’s important to note that sexual harassment can come from someone of the same or different sex, and it includes the less favourable treatment of an employee for either rejecting or submitting to such conduct.

What does it mean for my business?

The new duty places an anticipatory obligation on employers.

This means that proactive action must be taken to prevent sexual harassment before it occurs, rather than only undertaking action when it does take place. The aim is to foster a working environment in which such behaviour is less likely to occur in the first place.

Now this might sound like an impossible task and ultimately there needs to be some recognition in respect to the limitations an employer has in ensuring that sexual harassment never occurs. But let’s proceed under the understanding that all employers should aim to prevent it to the best of their ability and should it ever occur, take immediate action to ensure that the behaviour stops, that it will not be tolerated and does not happen again.

Let’s take a look at some of the key actions:

Risk assessments

Undertake a thorough risk assessment to identify areas within the business where sexual harassment is more likely to occur. By understanding potential risks, employers can develop targeted action plans to address those specific risks.

Factors to consider include a male-dominated workforce, a culture that has previously tolerated crude, sexist ‘banter’ and gendered power imbalances.

Clear reporting processes

Establish and communicate clear processes for employees to report incidents of sexual harassment. This ensures that employees know where to turn and feel confident their concerns will be taken seriously.

Investigation procedures

Implement fair, transparent and unbiased investigation processes for handling sexual harassment claims. These should be designed to ensure all employees feel their complaints are addressed fairly.

Training and awareness

Provide sexual harassment awareness training to all employees, with additional training for management and senior staff. This training should cover not only the importance of preventing harassment but also how to identify it and respond to reports appropriately.

Sexual harassment policy

If not already in place, create a clear, comprehensive sexual harassment policy. This policy should outline the steps taken to prevent harassment, the reporting procedures and the consequences for those found guilty of engaging in unlawful behaviour.

The policy should be regularly reviewed to ensure its effectiveness and it should be developed in consultation with trade unions or other worker representatives to ensure it meets the needs of all employees.

Regular review

Continuously monitor and review the success of your sexual harassment policies and prevention measures to ensure they are effective and evolving with the workplace culture.

Relevant resources

• Risk assessments: Your best business friend

• Preventing workplace violence: Strategies for safety

• Making diversity and inclusion a business reality