Employers are required to take “all reasonable steps” prevent the sexual harassment of their employees at whilst at work.
This is a very demanding requirement as it requires employers to consider every possible option.
What could these include?
Concrew Training offer some thoughts below. Please be aware that this guide is produced as a training aid, to prompt thought and improve preventative action; It is not intended to be definitive. It should be considered in conjunction with individual organisational risk assessments and ongoing tribunal outcomes. The latter being especially important as they set precedent.
Risk Assess
Review the potential risks employees face. Embedding risk reduction action into policies and procedures. Pay close attention to areas where higher risks may exist for example:
- protected characteristics
- minority groups
- late working, night working, solo working, small group working
- young employees
- volunteers and agency staff
- customer and client facing staff
- onboarding, contracting and procurement teams
- work related social events – especially those involving alcohol
- Note employee organised events should be included too
Develop and publish robust policies and procedures
- Sexual harassment prevention
- Sexual harassment reporting
- Sexual harassment complaint handling
- Sexual harassment investigation process
Check related policies don’t hinder reporting
- Grievance and Complaints policies
- Whistle blowing policy
Introduce a safeguarding team
Subject specialists with easy to access generic contact details – that is to say contact routes that reach all the team not just one person – to ensure speedy responses at all times. Consider:
- Safeguarding phone numbers and direct team contacts
- Email address accessible to all the team safeguarding@
- Confidential web-based forms
- Reciprocal arrangements with local business – especially for small companies
Train all employees, including volunteers and agency staff regularly in said policies and procedures.
Frequency and quality should be risk related. Consider:
- induction
- annually or more frequently for higher risk areas
- after any incident
- Issue policies to suppliers, guests and visitors
- Issue in advance and confirm understanding during signing in process
- Constantly remind employees, volunteers and agency staff, of policies, procedures and safeguarding team contact information.
- Notices, newsletters, posters
- team briefings
- payslip attachments
- Train managers, HR and safeguarding teams in immediate response actions
- induction
- annually or more frequently for higher risk areas
- after any incident
- Introduce and train on an annual basis, an investigation team
- Investigation Process
- Disciplinary process
- Interviewing
- Defensible documentation
- Analyse every incident
- what went wrong
- what else could be done
- what can you learn
- explore trends and patterns
- Update all appropriate policies to embed wider learning points for the Preventative Duty
- Retrain all staff, including volunteers and agency workers and where appropriate update third parties“
LEGAL ADVICE IS RECOMMENDED
Concrew Training recommend that legal advice is taken prior to implementation of new, or changes to existing, policies and procedures when they relate to legislation. This includes changes you may make to policies, procedures, process and contracts relating to the Worker Protection Act and the prevention of sexual harassment at work
Download this guide as a pdf document:
Preventing Sexual Harassment at Work Reference Guides
Concrew Training provide practical support and training, to help employers meet the demands of the Worker Protection Act and Prevent Sexual Harassment at Work. These free of charge reference papers are designed to help you get your basic process right.
What does taking all reasonable, steps to prevent sexual harassment at work, mean?
The Employment Rights Act requires take all reasonable steps to prevent sexual harassment in the workplace and to prevent harassment of employees by third parties on the basis of any of the protected characteristics. This document explores what this means in terms of sexual harassment. It is transferable to all the protected characteristics
10 Steps to Prevent Sexual Harassment at Work
Employers have a duty to take proactive action to prevent the sexual harassment of their employers at work. What should you be doing – this guidance document explains the 10 key steps.
Parties and Celebrations – Reducing Sexual Harassment Risk – 10 Tips
Parties and Celebrations, especially when they involve alcohol are high risk areas in terms of sexual harassment and abuse. Even if the event is not work organised the employer could still be at risk of litigation. Employers need to follow these 10 points
Beyond Banter – When does banter become bullying and harassment?
The grey line between workplace banter and harassment is easily overstepped. This guide provides 10 easy to follow steps to help the whole workforce get it right. It also contains case law to help contextualise and understand the risks.
Dealing with Bulling and Harassment – hints and tips for the abused.
When you are being bullied, harassed or abused at work it is difficult to know what to do and where to turn for help. Identifying that there is a problem and its impact on you is the first step. There are several solutions you may wish to consider. This easy to read document is for anyone who is being abused at work.
Sexual Harassment Investigations – guidance on sanctions, escalation and formal reporting
Sexual Harassment at Work – Guidance on investigation outcome options, sanctions and escalation. Including reporting to police & official bodies such as CQC and DBS.