Employers have a legal duty to prevent all types of harassment, including sexual harassment, to ensure a safe and respectful working environment. It is a serious issue that affects employee wellbeing, workplace culture and organisational reputation.
Understanding employer responsibilities to prevent sexual harassment is essential to both comply with the law and protect employees. By implementing robust policies and procedures, employers can reduce this risk and foster a positive culture and environment.
Sexual Harassment in the Workplace Definition
Under the Equality Act 2010, sexual harassment is defined as “unwanted conduct of a sexual nature that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment”.
Examples of this are inappropriate comments, jokes or gestures of a sexual nature including sending sexually explicit emails, message or images. As well as this, unwanted physical contact or advances and inappropriate behaviour during meetings or social events.
It is vital to distinguish sexual harassment from other forms of inappropriate behaviour. While all inappropriate conduct should be addressed, sexual harassment carries specific legal obligations and potential liability.
Legal Obligations of Employers in the UK
Employers in the UK are legally required to take reasonable steps to provide a safe working environment free from harassment. They must implement clear policies and procedures to address complaints and respond promptly and fairly to any reports. This also includes ensuring employees are protected from retaliation when making any complaints.
If reasonable preventative steps are not taken, employers run the risk of being held legally responsibility for harassment committed by employees.
Consequences of Non-Compliance
Failing to meet these key obligations may result in employment tribunal claims, therefore compensation awards and legal costs. Others hearing news of harassment incidents can damage an organisation’s brand image as well as employee trust.
Following on from this, it can also have negative impacts on staff morale and retention. It is likely employers will experience increased employee absenteeism and higher staff turnover. However, proactive measures mitigate these risks and support a productive, engaged workforce.
How to Develop & Implement Effective Sexual Harassment Policies
Anti-Harassment Policy
An effective anti-harassment policy should be clear, concise and easily accessible to all employees. It will define sexual harassment and give examples of behaviours that will not be tolerated, so your team understand.
Reporting channels, investigation procedures and consequences for any policy breaches should also be detailed and communicated regularly. This can be reinforced through induction and ongoing training.
Reporting & Investigating Processes
To go into further detail about reporting and investigating processes, it’s important employers establish confidential and accessible reporting channels. You need to ensure prompt, impartial investigation of all complaints and provide support to complainants, including protection from retaliation or victimisation.
It’s vital to communication outcomes appropriately while maintain confidentiality and maintain detailed records for compliance and audit purposes. Documented procedures help to demonstrate the employer has taken reasonable steps to prevent and respond to harassment claims, therefore reducing legal exposure.
Staff Training
Best practices for staff training includes mandatory training for all employees, including managers and senior leaders. This should cover topics such as recognising harassment, bystander intervention and reporting procedures.
It’s recommended to incorporate interactive elements and case studies to illustrate real-world scenarios and make sure its relatable to your employees. You can also tailor training to reflect your organisation’s culture, size and team composition, so it’s delivered effectively.
Ongoing Monitoring & Review
Proactive monitoring and periodic audits of procedures ensures policies and practices remain effective and compliant with current legislation. It also exhibits a commitment to employee wellbeing and organisational requirements.
Providing ongoing awareness campaigns and refresher training sessions for employees reinforces expectations and maintains a positive workplace culture. It’s important to review training effectiveness and update materials as legislation or best practices change.
Employee surveys and feedback are valuable in order to assess workplace culture too, helping to identify areas for improvement. Make sure to encourage open dialogue and communication to guarantee a respectful working environment.
Expert HR Support from Premier Legal
Preventing sexual harassment is a legal and ethical responsibility for all UK employers and Premier Legal can help you navigate this. Our extensive legal and HR expertise ensures your policies and procedures are robust, compliant and effectively implemented, plus employer responsibilities to prevent sexual harassment are clear and can be followed.
If you require assistance and advice regarding sexual harassment prevention, we would be pleased to offer bespoke legal advice tailored to your particular organisation. Contact us for more information.
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Author
sarahrobinson@premier-legal.co.uk
Sarah Robinson is the Managing Partner and has specialised exclusively in employment law since qualifying as a solicitor in 1996.
Sarah has considerable experience of representing clients in many different industry sectors including insurance and financial services, corporate finance, technology, legal services, automotive, hotel and catering and media as well as the public sector.
Areas of particular interest include restrictive covenants, TUPE and advising in relation to discrimination.