The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces a strengthened duty on employers to take reasonable steps to prevent sexual harassment of employees. Explore your obligations as an employer
The Equality Act 2010 defines employers’ legal duty surrounding sexual harassment of their employees in what is specifically known as Prevent Duty. In October 2023, the Worker Protection Act 2023 received Royal Assent, and as of 26 October 2024, employers are obliged to take reasonable steps to prevent this growing concern. But what does that mean, in reality, for HR teams? What proactive steps can you take to support your workers more effectively, and create a safe space free from unwanted sexual incidences?
Practical steps employers can take to prevent sexual harassment at work
The Equality and Human Rights Commission’s (EHRC) 8-step guide gives a broad overview of the types of actions you, as an employer, can take. You can delve into the specifics of this guide in our resources section below; here, we’ll take a deeper look at two vital steps – reporting and training.
Training
A proactive approach can be incredibly helpful in preventing unwanted sexual incidences at work. Employees at every level should be trained on sexual harassment, including: what it looks like, what to do if they or someone they know experiences it, and how to report any complaints.
Accessible, relevant, and regular training can help employees feel more confident. Some helpful themes to cover the full scope of sexual harassment include:
The fundamentals of sexual harassment, including modules such as:
- What constitutes sexual harassment?
- Exploring the impact of sexual harassment
- Steps to take if you experience or witness sexual harassment
Disclosures of sexual violence with course parts covering:
- Basic definitions of sexual violence
- Common myths and misunderstandings
- Supporting survivors
Being an active bystander or bystander intervention, which covers topics like:
- Ways to intervene – distract, disrupt and delay
- When to intervene
- Why some people do not intervene
We also offer a speak up culture suite of training, which contains eight specially-selected courses designed to equip every learner with the knowledge and skills they need to voice their opinions without fear.
Some organisations find it difficult to deliver effective training across the board. Consider facilitated training for more complex training needs: expert-led workshops, delivered online or in-person, provide deeper learning for any size cohort. These workshops can be tailored to your audience or within an organisational context, and are an effective way of equipping all staff to effectively deal with any future incidents.
Reporting
Make disclosures of sexual harassment as easy as possible and treat them with sensitivity and respect.
Survivors of sexual harassment have experienced trauma, and they need clearly signposted, easy to use reporting systems that reaffirm how their complaint will be dealt with in confidence.
Consider online channels that allow staff to submit tip-offs anonymously, with the option to include their personal deals if they wish. This can help create a speak-up culture, avoid the bystander effect, and open the conversation on behalf of someone who may feel uncomfortable doing so themselves.
Employees must be supported by HR, their line managers and peers to voice their concerns and report unwanted sexual incidents – which depends on three very important aspects.
- Clearly documented procedures that offer guidance on ‘what to expect’, including timelines and processes
- An easily accessible channel to confidentially report disclosures
- And policies that define unacceptable and inappropriate behaviour, uphold the procedure for identifying it, and detail the outcomes of those found guilty of sexual harassment
Disclosures need to be investigated thoroughly, fairly, and quickly. Help survivors understand what comes next after their report, and be sure to provide regular feedback. Signpost them to resources that can help them deal with the impact. Remember, where appropriate, managers need HR’s guidance to ensure the employee’s wellbeing, and steps need to be taken to remove immediate or ongoing danger.
For those who have experienced sexual harassment, the NHS offers help through the sexual assault referral centre (SARC), and you can also reach out to the Survivors’ Network.
What can you do to create a safe working space free from sexual harassment?
If your culture recognises and respects diversity and inclusion, you’ll be better equipped to deal with inappropriate behaviours.
The ultimate aim for any business is to first create a culture that prevents sexual harassment via training and policy, and then develop a culture of inclusion via programmes such as mentoring schemes and connected conversations.
But the reality is most important – words are easy, but action shows more power.
Diversity training should help create fair, inclusive, and transparent behaviours and cultures. This type of training should not be divisive, but rather help learners to fully understand the benefits of an inclusive workplace where all views are heard and valued.
This is something that we’re committed to in how we develop and delivery our diversity training. Our market-leading title, diversity in the workplace, remains one of the most widely used courses on the subject today.
Take steps today
There are proactive steps you can (and should) take to make your organisation a safe space. Whether that’s offering training, creating more robust policies and procedures, or working with a team of experts to deliver workshops – the legislative changes of the Worker Protection Act 2023 reflect the urgent need for organisations to do everything they can to keep every employee safe.
Resources for employers: preventing sexual harassment at work
- EHRC 8-step guide to preventing sexual harassment at work
- EHRC’s sexual harassment and harassment at work: technical guidance
- CIPD’s guidance on steps employers can take
- Ciphr and Shoosmiths October 2024 employment law webinar (skip to 31:25 for the specific legislative update)
- Webinar: How to create a culture where it's safe to speak up
- Sexual harassment training course
- Disclosures of sexual violence training course
- Bystander intervention training course
- Speak up culture training course
- Facilitated training (service)
If you or someone you know is dealing with a rape crisis, please contact: Rape Crisis England & Wales (for people aged 16+), call 111, or any of the organisations listed in this guide.