Nearly 12 months on since The Worker Protection (Amendment of Equality Act 2010) Act 2013 came into force, we remind you of your legal duty to take reasonable steps to prevent sexual harassment in the workplace.
Reasonable steps
The duty is to take preventative steps and not to wait until a complaint of sexual harassment is received. Therefore being proactive is key and reasonable steps include assessing:
- The risks of sexual harassment happening in the course of employment
- What step to take to reduce those risks
- Which of the steps is it reasonable for you to take
- To implement those steps
- To document those steps
The EHRC has produced helpful guidance https://www.equalityhumanrights.com/guidance/sexual-harassment
Risk Assessment
To determine the reasonableness of any of the steps to be taken you should undertake a risk assessment to establish where risk lies and how to mitigate those risks by considering the following factors:
- Power imbalances
- Job insecurity
- Lone working
- Working from home
- Customer-facing duties
- Lack of diversity
- Socialising outside of work
- Work events
- Social media
- Existing culture
Non-compliance
Failure to comply can have severe financial consequences, let alone reputational damage to the business.
An Employment Tribunal can increase an individual’s compensation by up to 25% which can include an award for loss of earnings and injury to feelings.
Training
Everyone has a responsibility to prevent sexual harassment happening in the workplace and training is key.
Employers should be training staff on:
- What sexual harassment in the workplace looks like
- What to do if staff experience it and
- How to handle any complaints of harassment
Managers should also receive training so they are able to recognise unacceptable behaviour and have the confidence to take action to address complaints.
How we can help
In addition to drafting, reviewing and updating policies on sexual harassment, we offer bespoke training specifically designed for managers on preventing sexual harassment in the workplace. This training has been one of our most requested and it is tailored to provide practical guidance and support to leaders. For more information please visit our website Bespoke Training – NFU Employment Service.
Not yet an NFU Employment Service member? Join today and take advantage of a host of guidance to support you navigating the complex world of employment law.
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For more information, call us on 0370 840 0234 or email us at [email protected]
