Introduction
The Worker Protection (Amendment of Equality Act 2010) Act 2023 marks a significant shift in employers’ legal obligations regarding the prevention of sexual harassment. Employers must now take proactive steps to prevent workplace sexual harassment, moving beyond mere reactive responses to incidents after they occur. This guide expands on the eight-step guidance for preventing sexual harassment at work established by the Equality and Human Rights Commission (EHRC), providing practical strategies for implementation.
Understanding the Enhanced Legal Obligations
The Equality Act 2010 defines sexual harassment as unwanted conduct of a sexual nature which violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Under the new legislation, employers bear a preventative duty to take reasonable steps to protect workers from sexual harassment, including harassment by third parties such as customers or clients. This represents a fundamental shift from reactive to proactive approaches, requiring employers to implement preventative measures before incidents occur.
Eight Essential Steps for Prevention
- Developing Effective Anti-Harassment Policies
Prevention begins with clear, comprehensive policies that serve as the foundation for all anti-harassment efforts. An effective policy should explicitly define sexual harassment while providing relevant workplace examples that resonate with your specific environment. It must clearly articulate who receives protection and outline the consequences for policy breaches, including specific disciplinary actions. The policy should address both colleague and third-party harassment, establishing clear reporting procedures and response processes. Special attention should be given to power dynamics, particularly regarding relationships between senior and junior colleagues, with specific protections outlined for vulnerable workers. Regular policy review and updates should be in place to ensure the document remains relevant and effective.
- Engaging the Workforce
Creating a culture of prevention requires active engagement with your entire workforce. This engagement manifests through regular one-to-one meetings where employees can voice concerns in a safe environment. Anonymous staff surveys provide valuable insights into workplace culture, while exit interviews often reveal issues that might otherwise go unnoticed. Employers should foster an environment where employees feel comfortable discussing reporting procedures and understand how reports will be handled. Building on this, working closely with employee representatives or unions helps create even more effective prevention strategies.
- Risk Assessment and Prevention
Every workplace has its own unique risk factors that require careful assessment and mitigation. Organisations must examine power imbalances within teams and departments, considering how these dynamics might enable harassment. Workplace diversity and inclusion play important roles in prevention, as does job security across different roles.
Operational risks should be examined, especially in environments involving lone working, night shifts, or remote locations. Customer-facing roles often present distinct vulnerabilities that require specific preventative measures. Work-related social events and external activities should be carefully considered, as do industry-specific risk factors and physical workplace layout.
Prevention strategies should account for all identified risks, with specific measures developed for each area of concern. Regular reassessment ensures that as workplace dynamics change, prevention measures remain effective.
Organisations should pay particular attention to areas where multiple risk factors intersect, such as junior staff working alone with customers or night shift workers in isolated locations. This comprehensive approach to risk assessment forms the foundation for targeted prevention strategies that address the specific challenges within organisations.
- Creating Effective Reporting Mechanisms
A robust reporting system forms the backbone of any prevention strategy. Employers should establish multiple channels for reporting concerns, ensuring accessibility while maintaining confidentiality. These systems should accommodate both formal complaints and informal concerns, with clear procedures for handling each type. Confidential record-keeping proves essential for identifying patterns and demonstrating commitment to prevention. Those who report concerns need assurance of protection against victimisation, with visible support mechanisms throughout the reporting process.
- Comprehensive Training Programs
Effective training goes beyond basic awareness to create lasting behavioural change. Programs should engage staff at all levels through practical, scenario-based learning that reflects current workplace dynamics. Managers require enhanced training that addresses their specific responsibilities in prevention and response. Bystander intervention techniques form an essential component, empowering all employees to contribute to a harassment-free environment. Training effectiveness should undergo regular evaluation, with content updates reflecting emerging challenges and best practice. Regular refresher sessions help maintain awareness and reinforce key messages throughout the organisation.
- Responding to Complaints
When harassment complaints are made, immediate and appropriate response is essential. Employers must prioritise complainant safety and support while maintaining strict confidentiality throughout the process. Protection against retaliation should be immediate and visible, with clear investigation timelines communicated to all parties. Investigations must demonstrate thoroughness and fairness, with appropriate communication of outcomes and available appeal processes. Supporting affected team members extends beyond immediate parties to include witnesses and others impacted by the situation.
- Managing Third-Party Harassment
Prevention strategies for external harassment must protect employees effectively while maintaining professional standards. Employers should establish clear expectations for customer and client conduct, backed by strong support systems for staff who experience harassment. By regularly assessing high-risk situations and developing clear response procedures, organisations can empower staff to address concerns promptly and appropriately. Maintaining detailed records of incidents helps identify patterns and strengthen prevention measures.
- Monitoring and Evaluation
Prevention requires continuous evaluation and improvement. Employers should regularly review policies and procedures, analysing complaints data to identify trends and areas needing attention. Anonymous staff surveys provide valuable insights into workplace culture and the effectiveness of prevention measures. Comparing reported incidents with feedback helps ensure accurate understanding of workplace dynamics. Post-incident reviews offer opportunities for learning and improvement, while regular consultation with staff ensures prevention strategies remain relevant and effective.
Moving Forward
Creating an effective sexual harassment prevention framework requires sustained commitment and attention to detail. Employers should view this not merely as a legal requirement but as an opportunity to build stronger, more respectful workplace cultures. This investment in prevention demonstrates commitment to employee wellbeing, while protecting against legal and reputational risks.
Need Support?
Whether you’re developing prevention strategies or handling specific cases, independent expertise can help ensure your approach is robust and effective. Email me at ayesha@ayeshawilson.co.uk to discuss how professional investigation services can support your prevention efforts while maintaining workplace trust and confidence.
