A workplace that’s safe, respectful, and free from harassment is not only one that’s more likely to succeed, but it’s also one that’s compliant with the law as well. Your employees have a right to be free from harassment and, as such, it’s worth creating a robust anti-harassment policy.
A good anti-harassment policy makes it clear there is zero tolerance for harassment, with clear procedures for addressing any potential issues, helping your team feel protected and supported. Here, we’ll look at what an anti-harassment policy should contain, why it’s important, and how Premier Legal can help you develop one that protects both your employees and your business.
What is Harassment?
First of all, it’s important to define exactly what we mean by harassment. In the workplace, it means any unwanted conduct related to protected characteristics, such as age, sex, race, disability, religion, or sexual orientation. Legally, it’s defined as an act that specifically violates a person’s dignity or has the purpose or effect of creating an intimidating, hostile, degrading, humiliating, or offensive environment.
This covers acts that are verbal, physical, non-verbal, and those that are carried out online. It’s important to keep in mind the legal definition of bullying to see when it might apply in your workplace.
Harassment often overlaps with discrimination. This includes not just enforcing negative stereotypes, but even positive discrimination. Every form of discrimination is a risk, from discrimination based on race to discrimination related to dyslexia. Employers must ensure they have no place in the workplace.
What is an Anti-Harassment Policy?
Employers must make an effort to prevent and stop harassment in the office, and this kind of policy is a formal written document that outlines how you do it. An anti-harassment policy includes steps on how employees can raise concerns, as well as how management responds. It is not one of the employment policies required by law in the UK, but it’s always recommended that your organisation has one. But what should it include?
A Clear Definition of Harassment
This includes an explanation of what harassment is; examples of unacceptable behaviour, such as offensive jokes, exclusionary conduct, and inappropriate communications. You should include explanations on the different types of discrimination that count, such as sex, race, and age discrimination, given their overlap with harassment.
A Zero Tolerance Statement
Make it clear that harassment of any form will not be tolerated under any circumstances, emphasising your commitment to creating a safe and respectful workplace.
Reporting Procedures
When employees face harassment, they shouldn’t be left to figure out what to do themselves. You should outline the reporting options you make available, whether it’s talking to line managers, HR staff, or calling a specific hotline.
Investigation & Response
You should also communicate how complaints will be handled. Ensure that steps for prompt, thorough, and fair investigations are laid out, as well as appropriate actions based on their outcome, such as disciplinary meetings or termination.
Support For Employees
Employees experiencing harassment need the appropriate support, such as counselling services, adjustments to their working arrangements, or referral to external help.
Employer & Manager Responsibilities
The responsibilities of the employer and any managers involved should be clearly outlined, from how to perform risk assessments to how to proactively monitor workplace culture. This should include guidelines on how to handle grievances in the workplace, as well as how to handle sensitive or protected conversations.
The Importance of an Anti-Harassment Policy
Although it may not be legally required, a strong, comprehensive, and clear anti-harassment policy brings a wide range of benefits. For one, it helps you stay compliant with UK employment law, reducing the risk of costly claims as well as damage to the reputation of your business.
A policy designed with the wellbeing of your team in mind also builds trust, demonstrating your commitment to their rights and their needs. As a step towards creating a more inclusive and welcoming workplace, it can also help improve company culture, productivity, and employee retention.
Premier Legal offers a wide range of legal services for employers, helping them construct and implement workplace policies such as anti-harassment frameworks. We support businesses by:
- Drafting tailored anti-harassment and related workplace policies
- Advising on best practice for investigations and disciplinary procedures
- Delivering training to managers and HR teams
- Offering ongoing HR support services to ensure policies remain effective and compliant
If you’re looking for extra support for your team, Premier Legal can help. Get in touch for some expert assistance today.
Related Posts
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.