From October 2024, a new duty will require UK employers to actively prevent sexual harassment in the workplace.
While referrals to the Equality and Human Rights Commission may be rare, employers could face increased tribunal awards (up to 25%) if they fail to demonstrate adequate preventative measures.
Key steps for employers:
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Risk Assessment: Evaluate the likelihood of sexual harassment within your organisation, considering factors like demographics, workplace culture, and specific job roles. Higher-risk environments may require more robust preventative measures.
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Action Plan: Develop a clear plan outlining practical steps to prevent sexual harassment. This might include ongoing training, clear communication channels for reporting incidents, and practical measures to protect employees.
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Updated Policy: Regularly review and circulate your sexual harassment policy, ensuring it covers online harassment, out-of-work events, and the reporting process. Make it clear that all forms of sexual harassment will not be tolerated.
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Zero Tolerance Approach: Clearly communicate a zero-tolerance approach to sexual harassment. Take decisive action against offenders, ensuring thorough investigations and appropriate disciplinary measures.
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Effective Reporting Process: Establish a safe and supportive process for reporting sexual harassment allegations. Provide ongoing support to victims and those reporting incidents.
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Consider Trained Investigators: Larger employers might consider training staff to conduct investigations, while smaller organisations could outsource this to HR professionals.
Additional tips:
- Protect Victims/Disclosers: Safeguard individuals from any potential retaliation.
- Suspension: In cases of serious allegations, consider suspending the alleged perpetrator during investigations. Manage communication carefully to avoid speculation.
- Communication: Foster an open and transparent workplace culture where employees feel comfortable reporting incidents without fear of reprisal.
Remember: Each case requires a thorough and impartial investigation. Follow your policies carefully and provide adequate support to all involved parties. By taking proactive steps to prevent sexual harassment, you can create a safer and more respectful workplace for everyone.
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