Sexual harassment is defined in the Equality Act 2010 as unwanted conduct of a sexual nature that has the purpose or effect of violating someone’s dignity, or creating an environment that is intimidating, hostile, degrading, humiliating or offensive.
This behaviour can take many forms. It may include:
- Unwanted verbal or physical conduct
- Unwelcome sexual advances
- Sharing or displaying content that is offensive or may be perceived as such.
A shift in responsibility
Employers might not be aware that since the 26th October 2024, there has been a significant change in the legal responsibility of employers. Businesses now have a positive duty to take reasonable steps to prevent sexual harassment in the workplace. This duty extends beyond interactions between employees and includes third parties such as customers, clients, contractors, or visitors.
Creating a culture of zero-tolerance
Every employee has the right to work in an environment free from harassment. A zero-tolerance approach is not just a legal obligation. It’s a reflection of your organisation’s values. But where should employers start?
Here are some practical steps:
Set clear expectations
Make it known – both in policy and practice – that harassment of any kind will not be tolerated. Clarity around what constitutes unacceptable behaviour is essential.
Educate and train
Provide regular training to all staff, helping them understand what sexual harassment is, what it looks like, and what to do if they experience or witness it.
Communicate the message
Ensure that the zero-tolerance stance is communicated widely and consistently across the organisation. Posters, newsletters, intranet updates and induction sessions can all help reinforce this.
Provide safe channels for reporting
Designate individuals within the organisation who employees can speak to confidentially. Consider suggestion boxes, employee forums or anonymous reporting tools to help raise concerns.
Listen and respond
Actively listen to employees. Their feedback on the culture of the workplace – and ideas for improvement – can offer valuable insight.
Ensure robust policies are in place
Your policy should clearly outline:
- What harassment looks like
- How it will be dealt with
- How third-party behaviour is addressed
- That retaliation will not be tolerated.
Assess risk and take action
Conduct regular risk assessments. Identify any high-risk areas, such as roles involving significant client interaction, and consider whether additional safeguards – such as supervision or buddy systems – are needed.
Respond promptly and decisively
When concerns are raised, respond in a timely and transparent way. Substantive action must be taken even if it involves restricting contact with a client or customer who has behaved inappropriately.
Third party awareness
Consider whether further steps might reinforce your stance externally:
- Signage in client facing areas
- Clear terms in contracts with suppliers or third parties.
Building a supportive environment
Ultimately, your workplace culture sets the tone. Ask yourself:
- Do employees feel safe to raise concerns?
- Are they confident their reports will be taken seriously?
- Are tools like Employee Assistance Programmes (EAPs) or trained designated individuals accessible?
We’re here to help you take the right steps. Whether that’s reviewing your existing policies or preparing them for you, delivering workplace training, or offering guidance on how to meet your new legal duties with confidence.
Get in touch with our Employment Law team today to ensure your workplace is safe, supportive and compliant.
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