If you received a claim for sexual harassment in the workplace… could you say you had taken all reasonable steps to prevent it?

As you will be aware this Friday the duty on employers to take all reasonable steps to prevent sexual harassment in the workplace becomes law. 

So what are the minimum steps we recommend for all employers:

1. Ensure that you have a policy on anti-bullying and harassment and that this clearly explains that sexual harassment will not be tolerated in the workplace from employees or third parties. The policy should also explain that complaints will be taken seriously and that staff will be supported should they need to report any such incidents.

2. Run annual training on anti-bullying and harassment with a focus on sexual harassment for all staff and keep records of attendees. Train managers in how to handle complaints regarding bullying and sexual harassment.

3. Conduct a risk assessment annually and keep a record on file. 

Consider:

– Which staff are at greater risk?

– Do you have lone workers? young workers? staff with English as a second language?

– What training are staff given at induction and throughout employment?

– Which staff work with the public?

– What happens at social events?

– Have you had previous reports of bullying? intimidation? sexual harassment?

Do you keep a log of these?

– Do staff feel comfortable to raise complaints and if so to whom?

– Are there signs in the workplace regarding harassment?

4. Conduct an [anonymous] staff survey annually to gauge how safe staff feel; what their experience is of the workplace and whether they would feel comfortable to report sexual harassment.

5. Put up posters in the workplace stating that you will not tolerate harassment in any form towards your staff.

6. Consider third parties. Introduce a policy on third-party sexual harassment and share this with your clients and customers. Train and empower staff to report and/or challenge third-parties in an appropriate manner where necesssary.

Compensation in a successful Tribunal claim for discrimination is unlimited. However if you can show you have taken all reasonable steps to prevent it you will have a strong defence to any claim.

If you would like help with policies, staff surveys, training or risk assessments please call us or email help@yourhrpartner.co.uk.

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This post was written by SKHR