How Employers Can Prevent Sexual Harassment  in The Workplace

With sexual harassment in the workplace still being one of the most raised claims with employment tribunals, there is a change from October 2024 that will mean employers will have a new duty to take reasonable steps to prevent sexual harassment.

Tribunals will have the power to increase compensation by up to 25% if they find an employer has breached this duty.

How employers can prevent sexual harassment

sexual harassment 

Employers should be proactive and systematic in how they prevent and tackle sexual harassment at work: this is not a ‘tick-box’ exercise and employers will need to show evidence of the reasonable steps taken. To do so, they need to focus attention on a number of priority areas.

Organisational and cultural change

Senior leaders have a defining influence on the working culture and set the tone for expectations around behaviour and workplace civility. They need to embed and live the values and behaviour that underpin dignity, respect and inclusion.

Policies and procedures

A formal policy won’t change culture on its own but it’s still important to have written policies and guidance. These should define sexual harassment, give examples of what it is and outline everyone’s responsibilities for preventing and tackling it. These can be used to promote the organisation’s commitment and practices to prevent and educate the workforce about sexual harassment. Given its sensitive and potentially complex nature, organisations may wish to consider dealing with harassment under a separate procedure.

Training and development

There should be regular training sessions for all staff so that they understand what sexual harassment is and their role in preventing/addressing it.

Reporting channels and investigating

There need to be well-promoted reporting channels for complaints and the organisation needs to respond to these promptly, fairly and thoroughly. Any evidence of discriminatory behaviour or harassment among staff needs to be investigated and acted on swiftly and a clear message sent out that such behaviour will not be tolerated.

People management capability

Line managers play an important role in identifying, challenging and dealing with unfair treatment including sexual harassment. They need to have the training, education and guidance to give them the confidence to tackle sexual harassment.

Monitoring and review

Monitoring the gender diversity of the workforce at every level, including for recruitment and promotion, will help to highlight if there is any potential discrimination or harassment on grounds of gender. Staff attitude surveys will enable the organisation to collect feedback in areas like gender equality and bullying and harassment.

HR’s Role in Addressing Sexual Assault

HR support in sexual harassment 

Sexual assault in the workplace is an equally serious issue that requires dedicated attention. HR departments play a big role in creating safe environments where all employees feel protected. Employers should adopt clear protocols that address both sexual harassment and assault.

Immediate Response Protocols

HR teams need to have well-defined protocols in place for responding to sexual assault allegations. These protocols should include:

Confidentiality: Ensuring that the privacy of both the complainant and the accused is maintained.
Support Systems: Offering immediate emotional support to the complainant, such as access to counselling services or external professional resources.
Safety Measures: Implementing safety precautions, such as adjusting work arrangements, while the investigation is ongoing.

These protocols must be communicated clearly to all employees to ensure they understand the immediate steps that will be taken in such situations.

Investigating Sexual Assault Allegations

HR must handle sexual assault allegations with professionalism and sensitivity. The investigative process should include:

Impartiality: Investigations must be carried out fairly and without bias, respecting both parties involved.
Thorough Documentation: HR should ensure that all evidence is carefully collected and documented to avoid any mishandling of the case.
Collaboration with Legal Authorities: Depending on the severity, HR may need to collaborate with external authorities or law enforcement to ensure the situation is addressed within both organisational and legal frameworks.

Supporting Survivors Post-Incident

After an incident has been addressed, HR should continue to provide long-term support to survivors, which can include:

Return-to-Work Support: Offering flexible arrangements to ensure survivors can transition back to work when they feel comfortable.
Ongoing Counselling Services: Keeping mental health support available over time to help survivors recover.
Addressing Workplace Culture: Ensuring that any toxic cultural elements that may have contributed to the incident are actively addressed, creating a safer work environment for all.