New Legislation 
 
The Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into force on 26th October 2024, this means employers will be legally required to take reasonable steps to prevent sexual harassment. 
 
Are you taking the correct steps to protect your workforce? 
Have you taken the time to conduct a risk assessment and have clear policies in place on sexual harassment? This would include an impartial investigation procedure and ensuring your staff know who to report claims to and how they will be dealt with. 
It starts with training your leadership team and your staff. Both need to know the procedures and what constitutes sexual harassment, and they need the reassurance that if they witness this and come forward or are a victim, they will be taken seriously. 
 
Policies are not enough. 
Under the new law, it is not enough to merely have policies in place; organisations will be legally required to actively prevent sexual harassment. 
This new act clearly states that businesses must do more than the bare minimum. Complying with the law is not enough; companies need to create a culture where sexual harassment is unequivocally condemned and effective preventative measures are in place. 
Leadership must be accountable, not just in policy but in action. This means fostering environments where people feel safe, supported, and empowered to report harassment, confident that their concerns will be addressed appropriately. 
Businesses must go beyond compliance and ensure the workplace actively supports the safety of its staff and protects their dignity. 
 
Defining Sexual harassment 
This can be defined as any unwanted behaviour of a sexual nature that makes a person feel uncomfortable, intimidated, or degraded. It doesn’t always have to involve physical contact; it can also be verbal or non-verbal. 
 
Types of Sexual Harassment 
 
1. Verbal Sexual Harassment – here are some examples 
   - Inappropriate comments or jokes about someone’s appearance or body 
   - Sexual advances, propositions, or requests for sexual favours 
   - Comments or questions about someone’s sexual activity or preferences 
   - Offensive sexual remarks or humour 
 
2. Non-Verbal Sexual Harassment 
   - Unwanted gestures or staring 
   - Sending sexually explicit images, emails, or messages 
   - Displaying inappropriate or sexually suggestive materials (such as posters, photos, or videos) 
 
3. Physical Sexual Harassment 
   - Unwanted touching, hugging, or kissing 
   - Inappropriate invasion of personal space 
   - Blocking someone’s movement or cornering them in a physical space 
   - Sexual assault, which can include anything from groping to more physically severe violations 
 
Key characteristics of sexual harrassment  
If a behaviour is not solicited or welcomed by the person experiencing it, it is unwanted. Another characteristic is when the behaviour causes offence, discomfort, humiliation, or distress to the recipient.  While one-time incidents can still be harassment, they often involve repeated behaviours over time. Or it can be a slow build-up that leads to more severe problems. Sexual harassment can create a hostile or intimidating environment, affect someone’s well-being, and negatively impact their ability to work or participate in other activities. 
 
Steps to create a safe workplace 
Employers have a legal and ethical responsibility to prevent sexual harassment and create a safe, respectful environment for all employees.  
Here are key steps you can take to reduce the risk of sexual harassment 
 
1. Develop and Implement a Clear Policy 
Define sexual harassment and clearly outline the unacceptable behaviours, including verbal, nonverbal, and physical actions. 
 State that sexual harassment is not tolerated under any circumstances and will lead to disciplinary action, including termination if necessary. 
Ensure the policy is easily accessible to all employees and written in clear, understandable language. 
 
 2. Provide Regular Training and Education 
Conduct sexual harassment prevention training for all employees, including leadership, to raise awareness of what constitutes harassment and how to report it. 
Teach employees how to recognise inappropriate behaviour and intervene when they witness harassment. 
Regularly refresh this training, updating employees on new policies 
 
3. Establish a Clear Reporting Process 
Provide employees with several ways to report harassment (e.g., an HR hotline, email, or designated officer), ensuring anonymity and confidentiality where appropriate. 
Foster a culture where employees feel safe to report incidents without fear of retaliation. 
Ensure employees know the steps involved in reporting harassment and who to approach for support. 
 
4. Ensure Fair and Impartial Investigations 
Respond to reports of sexual harassment quickly and conduct a thorough, impartial investigation. 
Ensure the individuals responsible for investigating harassment claims are trained in handling sensitive situations and applying the law fairly. 
Keep investigations as confidential as possible, only sharing necessary information on a need-to-know basis. 
 
5. Support and Protect Victims 
Offer emotional support, such as counselling services. Assure employees that they will not be retaliated against for reporting harassment or participating in an investigation. 
 
6. Hold Perpetrators Accountable 
Apply the sexual harassment policy consistently across all levels of the organisation, without exceptions.Take appropriate action against employees found guilty of harassment, up to and including termination if necessary. 
 
7. Foster a Respectful Workplace Culture 
Set the tone from the top! Leadership should model respectful behaviour and show a genuine commitment to preventing harassment. Cultivate a workplace culture where diversity is respected, and inappropriate behaviour is immediately called out.  Create opportunities for employees to discuss workplace issues, including sexual harassment, in a safe and supportive environment. 
 
8. Conduct Regular Audits and Surveys 
Monitor the workplace climate by using anonymous employee surveys to assess the workplace culture and identify any issues related to harassment. Regularly review and update the sexual harassment policy and reporting procedures to ensure they remain effective and aligned with legal requirements. 
 
This new law will mean the employer has the responsibility to prevent and deal with sexual harassment, and if you don’t take the appropriate action, you could find yourself in an employment tribunal or in court. So, it’s important to take proactive steps and create a safer and more respectful workplace where sexual harassment is prevented and addressed effectively when it does occur. 
If you need help and advice to deal with sexual harrassment in your company do get in touch.  
 
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