As of the 26th of October 2024 employers have a duty to prevent sexual harassment in the workplace but what does this really mean?
As a woman, I do often feel more vulnerable than most of my male colleagues and friends but sexual harassment doesn't only impact women of course. That said, it was reported in October 2023 that 3 out of 10 women suffered some form of sexual harassment at work or in a working environment which equates to 4.7 million women experiencing sexual harassment and 17% of those women resigned from their work due to it. Here in the UK 41% of perpetrators don't face consequences. All harrowing statistics.
What is sexual harassment?
Sexual harassment is specific, it refers to unwelcome physical or verbal conduct. It can include requesting sexual favours. Sexual harassment affect anyone regardless of gender and can create an intimidating, hostile or offensive environment.
Sexual harassment can be an unwelcome touch, a comment or a wolf whistle, it can also be as serious forced sexual contact. Sexual harassment can be quid pro quo, when submission or rejection of such behaviour is used as the basis for employment decisions (e.g. promotions, raises).
How do employers need prevent sexual harassment?
The answer to this question is possibly twofold. Firstly, and lets say most importantly, employers have a moral obligation to ensure that their employees are not at risk of sexual harassment at work or in a work environment. Everyone has the right to go to work and be safe.
Alongside the moral obligation to do the right thing and protect employees, employers need to be aware of the commercial aspects of this change to the law. An award made to an employee at a tribunal can be increased by 25% if it is deemed that the employer didn’t take reasonable steps to prevent sexual harassment.
But how can an employer prevent such a thing?
Training: All employees need awareness training so they understand what constitutes sexual harassment, how they can whistle blow if they feel any of their colleagues are at risk, and what they can do if they feel they have experienced sexual harassment. Managers should specifically have training
Risk assessments: Employees should carry out risk assessments to make their training and policy specific for them. What do we mean by being specific? If a work environment includes a lot of socialising which may include the consumption of alcohol that could put employees at greater risk, if employees are vulnerable due to their sexuality their age or their sex this could increase the risk, or potentially there is a female dominated environment where a man could feel threatened in and would be at greater risk of the boundary from banter being overstepped to sexual harassment.
Consult: It is really important that employers consult with their employees about how they prevent sexual harassment at work. Employers mustn’t make assumptions about what is needed.
Review: Whatever strategy is put in place to protect employees employers should review their plan to prevent sexual harassment. Giving employees the opportunity to talk in their 121s to ensure they are heard and also conducting regular employee engagement surveys questioning employees if they feel safe at work if they feel listened to and confirming they know what to do should they ever feel that they or their colleagues are at risk.
Policy
Employers should have their procedures written down in a policy so everyone knows what must be done when. This clearly sets the boundaries for all and stipulates, in writing, what constitutes sexual harassment, what training will be provided, what an employer should do if they feel a colleague or they are at risk, the consequences for anyone sexually harassing a colleague, and links to external organisations employees can reach out to if needed. A policy is the contract between the employer and the employee as to what should be done when and what they can expect.
What about third parties?
The new law covers all work and working environment but currently doesn't cover third parties. A third party could be a customer at a bar and the law doesn't currently extend to them however if it was proven that an employer was aware of the potential sexual harassment from a customer and did nothing to intervene they could have vicarious liability.
Don’t be afraid of the new duty, get prepared, be transparent, and be focused on keeping everyone safe.
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