In October 2024, a new legal duty came into effect requiring employers in Great Britain to take reasonable steps to prevent sexual harassment. This is a good time to reflect on the changes that have been made, their effectiveness and what still needs attention.
The legal duty is proactive. It requires employers to think ahead about where risks may arise and to take steps to prevent harm, rather than waiting until it happens. With further changes next year when employers will need to take all reasonable steps and may become directly liable for third-party harassment, it is worth reviewing your approach now.
Refresh your risk assessment
The Equality and Human Rights Commission guidance makes it clear that as an employer you will be unlikely to show you have complied with a preventative duty if you have not carried out a risk assessment. There is no set template, and your risk assessment should reflect your ethos, environment and ways of working. It is good practice to carry out a risk assessment at least every 12 months.
Take time to review how any sexual harassment incidents since the last assessment were handled, and whether the steps you took were appropriate and effective.
Look at your physical and digital workspaces, your management structures, reporting systems and workplace culture. If your first assessment was mainly desk-based, may be add staff input. Surveys, exit interviews or informal discussions can also be used to hear directly from your employees about their sense of safety and risk. Analyse this feedback to identify patterns or gaps. This will help you mitigate risk.
Strengthen your control measures
Review what you already have in place and also your employee’s interaction with third-parties.
- Are people aware of expected behaviours?
- Do your employees know how to raise concerns?
- Do your managers feel confident dealing with reports?
Small improvements in communication and accountability can make a difference to how safe people feel at work and help minimise your liability to claims.
Refresh your training
Training should be ongoing and can include:
- Discussion sessions where your staff can share their concerns and ask questions.
- Bespoke training for managers to help them navigate a complaint and the sensitivity around confidentiality.
- Topics such as respect, allyship and bystander action to strengthen your workplace culture.
Keep it under review
Regulators are paying increasing attention to workplace culture and therefore it is important to ensure your risks assessments, policies and training are up to date. This helps mitigate reputational and legal risk and fosters a culture of respect, accountability and care.
Please get in touch if you would like our help with training.
