Sexual Harassment Legal Update: what you need to know

The following article has been written by our colleagues at Stallard Kane. HR consultancy is one of Stallard Kane’s specialist services. The team offers guidance to businesses on all aspects of employment law.

Sexual harassment can be a criminal offence, so it is extremely important that employers handle complaints in the appropriate manner.

What is sexual harassment?

The Equality Act 2010 defines sexual harassment as unwanted conduct of a sexual nature that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

Employers’ obligations

Under the Act, employers have a legal obligation to take reasonable steps to prevent the sexual harassment of their workers, not only from their own workers but also third parties which workers may encounter in the course of their employment with you. No employer is exempt from this obligation.

If employers do not comply with their legal obligations, they are acting unlawfully and face potential claims from workers as well as enforcement action.

What action must employers take?

The Equality and Human Rights Commission has provided an 8-step guide for employers which we have summarised below. Whilst this guide is not legally binding, it is likely to be referred to by the employment tribunal when considering whether an employer has met its legal obligations.

A full copy of the guide is available at EHRC publishes updated workplace sexual harassment guidance ahead of change to law | EHRC (equalityhumanrights.com).

Step 1: Develop an effective anti-harassment policy

Your business or place of work may already have an Anti-Harassment and Equal Opportunities Policy in place. A new sexual harassment policy should be put in place to complement these and address the specific requirements of the guide.

If your business or place of work would like support with your anti-harassment policy, including a sexual harassment policy, please contact your Towergate adviser and they can connect you with our colleagues at Stallard Kane.

Step 2: Engage workers

Encourage regular engagement with workers, for example by holding appraisal and review meetings, and exit interviews. This will be an opportunity for your company to consider whether the current processes are working and remind workers of the Sexual Harassment Policy.

Step 3: Assess and take reasonable steps to reduce risk in your workplace

Risk assessments will help comply with legal obligations. A risk assessment should consider a number of factors to prevent sexual harassment, such as power imbalances, a lack of diversity, lone working, customer-facing workers, worker social events, and workplace “banter” culture. This is not an exhaustive list, and employers should consider all potential risks and steps that could be taken to minimise them.

As there are many variations in workplaces, it is important to consult with and take a collaborative approach with your HR and Health and Safety consultants.

Step 4: Reporting

Your Sexual Harassment Policy should set out how issues should be reported but also consider a reporting system that allows workers to raise issues.

You should also keep a centralised and confidential record of any concerns that are raised.

Step 5: Training

Workers should be trained on what sexual harassment is, what to do if they experience or witness sexual harassment and how to handle any complaints of sexual harassment.

You should review the effectiveness of training and offer refresher training regularly.

eLearning platforms can provide online training to help organisations effectively understand and implement the latest legislation regarding the prevention of harassment, with a particular focus on sexual harassment in the workplace. If you would like to discuss this training further, please speak to your usual Towergate adviser.

Step 6: Reacting to a Sexual Harassment Complaint

Employers should act immediately to address the complaint when made, taking into consideration how the individual raising the complaint wants it to be resolved.

It is crucial that employers react in an appropriate way to sexual harassment complaints ensuring the correct processes are followed to protect all parties involved. Employers are therefore urged to contact their HR Consultant immediately and consult closely with them to ensure the right steps are taken throughout the management of the issue.

Step 7: Harassment by third parties

Employers are not only required to take preventative measures concerning their own workers, but also from the third parties who workers encounter in the course of their employment, such as customers and suppliers. It is important that concerns from third parties are treated as sensitively as those involving colleagues.

Consider preventative steps to avoid this type of harassment, such as risk-assessing high-risk workplaces where, for example, workers may be left alone with third parties.

Step 8: Monitor and evaluate your actions

Whilst we will work to keep your supporting paperwork up to date, it is important that employers continuously evaluate the effectiveness of the steps in place to prevent sexual harassment in the course of employment, being sure to implement changes that are identified.

The above is a snapshot of the detailed guidance employers must follow to prevent sexual harassment in the workplace.

All employers need to familiarise themselves fully with the legal obligations and consult with their HR and Health and Safety Consultants to ensure these obligations are met.

Protect your business and your employees

contact your local Towergate adviser. Our colleagues at Stallard Kane offer HR advisory services tailored to your business.

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Disclaimer

This article is based on advice from our colleagues at Stallard Kane, also part of the Ardonagh group of companies.

The information and any commentary contained within these updates are for general information purposes only and do not constitute legal or any other type of professional advice. Stallard Kane does not accept and, to the extent permitted by law, exclude liability to any person for any loss which may arise from relying upon or otherwise using the information contained in these blogs. If you have a particular query or issue, you are strongly advised to obtain specific, personal advice about your issue and not to rely solely on the information or comments in these updates.