Let’s Be Proactive & Stop Sexual Harassment in the Workplace
Sexual harassment at work is more common than we choose to accept, with many businesses unaware of the misconduct happening within their organisation. A survey by Trades Union Congress has reported that 52% of women have reported sexual harassment, while 68% of LGBTAI+ people have been victims of misconduct.
In an effort to stop sexual harassment in the workplace, a new law is coming into effect that requires all employers in the UK to proactively prevent sexual misconduct.
Let’s discuss what this new law entails and how proper training can help reduce sexual harassment in the workplace.
The Role of Employers in Preventing Sexual Harassment in the Workplace
From October 26th 2024, all employers will be mandated to take proactive measures to prevent sexual harassment in the workplace. So what implications does this hold for employers?
The first step for employers is understanding what sexual harassment is and educating their workforce. ‘Harassment’ covers unwanted conduct related to a protected characteristic which has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Sexual harassment is unwanted conduct of a sexual nature that has that effect.
According to the EHRC “Sexual harassment occurs when a worker is subjected to unwanted conduct and which is of a sexual nature. The conduct need not be sexually motivated, only sexual in nature.
Types of Sexual Harassment
Conduct ‘of a sexual nature’ includes a wide range of behaviour, such as:
- sexual comments or jokes
- displaying sexually graphic pictures, posters or photographs
- suggestive looks, staring or leering
- propositions and sexual advances
- making promises in return for sexual favours
- sexual gestures
- intrusive questions about a person’s private or sex life or a person discussing their own sex life
- sexual posts or contact on social media
- spreading sexual rumours about a person
- sending sexually explicit emails or text messages
- unwelcome touching, hugging, massaging or kissing
This list is not exhaustive and just a suggestion on what could be considered conduct of a sexual nature.
How Will This New Law Help to Stop Sexual Harassment in the Workplace?
The new preventative duty mandates that employers take reasonable measures to prevent sexual harassment from any perpetrator, including third parties like customers, clients, and the public.
Employers should not wait for an incident of sexual harassment to occur before taking action. They must proactively anticipate situations where their employees may face sexual harassment during their work and implement measures to mitigate such risks. If an incident does occur, the preventative duty requires employers to take steps to prevent recurrence.
There are no set minimum requirements for what an employer should do to prevent harassment, including sexual harassment, and to protect their employees. Instead, it is assessed based on what is reasonable for the employer given the specific circumstances. This will differ among employers based on factors such as the size and nature of the business, available resources, and the specific risks that need addressing within that sector. Employers should evaluate the actions they have already taken and consider what additional, practical measures can be implemented.
It's crucial to understand that this should not be a one-time effort. Employers need to continuously assess whether there are further actions they can realistically take, especially considering any changes in the workplace or workforce.
In addition to addressing sexual harassment between employees, the preventative duty also extends to preventing sexual harassment by third parties. This can include a wide range of individuals, such as customers, clients, self-employed contractors or freelancers, service users, patients, students, colleagues' friends and family, conference delegates, and members of the public.
Educate Your Team With Elston HR’s Sexual Harassment Training
To stop sexual harassment in the workplace, it is not only important to educate and empower employers, but also to train managers. Adequate training equips managers with the tools necessary to identify signs of harassment and resolve incidents in a respectful and appropriate manner.
Elston HR offers sexual harassment training for Line Managers covering:
- Reviewing the Equality Act 2010 and protected characteristics
- Defining discrimination including direct and indirect
- Harassment and myths and facts related to sexual harassment
- Examples of sexual harassment in the workplace
- The Company’s role and managers' role in creating a harassment-free workplace including third-party harassment
In our two-hour session, participants will receive complimentary resources post-course, such as harassment policies, flowcharts, and risk assessment tools. Accommodating up to 12 individuals within your workplace, or individual spots, contact us to reserve, and together, let’s stop sexual harassment at work.
Email us to learn more about our sexual harassment training.