The issue of sexual harassment in the workplace has gained significant attention in recent years. According to a survey conducted by the Trades Union Congress (TUC), 52% of women and 63% of LGBT workers have experienced sexual harassment at work ...
It requires all employers to take reasonable steps to prevent sexual harassment from occurring in the workplace. This includes not only preventing harassment by employees, but also by third parties such as self-employed contractors, clients, and customers.
The EHRC's updated guidance clarifies that the duty covers all forms of unwanted conduct of a sexual nature that violate a person's dignity or create an intimidating, hostile, or offensive environment.
So, what steps can employers take to comply with this new duty? The EHRC's draft guidance suggests several measures that employers can implement:
- Firstly, having a sexual harassment policy in place is crucial. This policy should clearly state the company's zero-tolerance approach towards sexual harassment and outline the steps that will be taken if an incident occurs. It should also be regularly reviewed and communicated to all employees.
- Secondly, training all staff on sexual harassment and unacceptable behaviour in the workplace is essential. This should include information on what constitutes sexual harassment, how to recognise it, and how to report it. Employers should also create a culture of transparency where employees feel comfortable speaking up and raising concerns without fear of retaliation.
- Another important step is to assess the risk of sexual harassment in the workplace. This could involve conducting surveys or focus groups to gather feedback from employees and identify any potential areas of concern. Employers should also have a clear procedure in place for reporting and handling incidents of sexual harassment. This should include confidentiality measures and support for victims.
- It is important for employers to note that the duty to prevent sexual harassment extends beyond the workplace. This means that employers should also take steps to prevent harassment at work-related events, such as conferences or social gatherings.
Failure to comply with the new duty could result in enforcement action by the EHRC. This could include fines and other penalties. Additionally, employers may face claims of sexual harassment in the employment tribunal, where the tribunal will consider if the employer took reasonable steps to prevent the harassment.
Employers should familiarise themselves with the EHRC's updated guidance and take proactive steps to prevent sexual harassment. By implementing a strong sexual harassment policy, providing training, and creating a culture of transparency, employers can help create a workplace free from sexual harassment.
And that can only be a good thing for everyone.
If you feel inspired to find out more about anything I've said here, do call me on 01908 774320 or leave a comment below and I'll be in touch as soon as I can.