The Equality and Human Rights Commission: updated guidance for employers to prevent sexual harassment in the workplace

Last week, the Equality and Human Rights Commission (‘EHRC’) updated its guidance for employers on steps to prevent sexual harassment in the workplace.

As previously reported, as of 26 October 2024, employers will have a positive duty to take reasonable steps to prevent sexual harassment of its employees. The new duty will also include preventing sexual harassment by third parties, for example, suppliers or clients of the employer.

Whilst the list below is non-exhaustive, it serves as helpful practical guide for employers to meet the objective test:

Step 1 – Develop an effective anti-harassment policy;

Step 2 – Engage your staff. Conduct regular 1-2-1s, run staff surveys and exit interviews and have open door policies;

Step 3 – Assess and take steps to reduce risk in your workplace, questioning for example, where are the power imbalances? Is there a lack of diversity in your workplace? Is there job insecurity for a particular group or role? Are staff working alone or at night?

Step 4 –Consider using a reporting system (such as an online or independent telephone-based service) that allows workers to raise an issue either anonymously or in name and explain clearly to all workers: (1) what is considered acceptable behaviour (2) how to recognise sexual harassment, and (3) what to do if they experience or witness it;

Step 5 – Training workers, including managers and senior staff on: (1) what sexual harassment in the workplace looks like, (2) what to do if they experience or witness it, and (3) how to handle any complaints of harassment;

Step 6 – Explain when a harassment complaint is made, act immediately to resolve the complaint, considering how the worker wants it to be resolved and protect the complainant from ongoing harassment or being victimised during an investigation or complaint;

Step 7 – Dealing with harassment by third parties just as seriously as that by a colleague. Employers should take steps to prevent this from happening by putting reporting mechanisms in place or assessing high-risk workplaces where staff might be left alone with customers;

Step 8 – Monitor and evaluate the effectiveness of the steps put in place and implement any required changes.

For the full guidance, please click here.

For further information or to discuss a potential employment law or discrimination claim, please contact our specialist employment solicitors on 0207 3950 5234 or info@rllaw.co.uk. We are ranked as a ‘Leading Firm’ in the Legal 500 and Chambers and Partners independent guides to the UK Legal Profession.

30 September 2024