Sexual Harassment at Work Legal Advice For Employers

How to prevent sexual harassment in the workplace

What is sexual harassment at work?

Sexual harassment at work is ‘unwanted conduct of a sexual nature which has the purpose or effect of violating the dignity of a worker, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.’

Our expert sexual harassment solicitors have extensive experience with complicated cases, for employers, business owners and trustees.

Sexual harassment doesn’t only concern men sexually harassing women. We have dealt with claims where men have been sexually harassed, not only by women but also by other men.

Individuals can also be treated less favourably because they rejected or submitted to unwanted conduct of a sexual nature.

Victimisation

It is important employers understand that if they treat a worker badly for believing they had done, or were going to do, a protected act such as complaining of sexual harassment. This is victimisation.

For example, dismissing someone who has less than two years’ service where you believe that there have been capability issues, but prior to doing this they indicate that they are raising a formal grievance about sexual harassment.

What can employers do to prevent sexual harassment in the workplace?

The Worker Protection (Amendment of Equality 2010) Act 2023

The Equality and Human Rights Commission carried out a sexual harassment survey in 2018 and recommended sensible and important steps employers can take to prevent sexual harassment and ensure the safety of their workplaces.

Many of these recommendations have been incorporated into the Worker Protection (Amendment of Equality 2010) Act 2023 which comes into force on 26 October 2024. This introduces a new duty for all employers to take reasonable steps to prevent sexual harassment of workers in the course of their employment.

Reasonableness will depend on the size and resources of your organisation and the sector you work in.

Employers who fail to comply with this new legal duty risk successful claims being increased by up to 25% of the compensation awarded.

The EHRC have updated their Sexual Harassment and Harassment at Work Guidance on 26 September 2024 setting out eight necessary steps employers should take.

Preventing Sexual Harassment at Work – Eight Steps Employers Should Take

• Step 1: develop an effective anti-harassment policy – which makes it clear sexual harassment will not be tolerated. This is to be shared with organisations who supply staff and displayed on the company website.
• Step 2: engage staff – so they understand they can report sexual harassment and they understand the consequences of breaching the policy
• Step 3: assess and take steps to reduce risk in the workplace – by looking at likely factors which would increase the likelihood of sexual harassment occurring and minimising these using surveys, exit interviews, reviewing absences and keeping records of informal and formal complaints
• Step 4: reporting – use online or independent telephone lines so reports can be anonymous and keep confidential records so these can be identified
• Step 5: training – of all employees at whatever level and also providing refresher training. Senior employees should set the tone and deliver the anti harassment message.
• Step 6: what to do when a harassment complaint is made – dealing with these promptly, fairly and in accordance with company policies. This might include going to the police. Settlement Agreements should only be used where lawful and necessary to do so
• Step 7: dealing with harassment by third parties – by putting in place reporting mechanisms where there is harassment by customers or clients
• Step 8: monitor and evaluate your actions – to measure their effectiveness by surveying and noting any changing trends

This preventative duty now applies to third parties such as customers and clients even though harassment by third parties is not currently covered by the law. The Government plans to extend employers responsibility for harassment by third parties and also to extend whistleblowing protection to those who report sexual harassment in their Employment Rights Bill.

If a complaint is reported to police, or criminal Court proceedings are being pursued, your organisation must still investigate the complaint as an employment matter. You will need to follow your organisation’s disciplinary procedure, without awaiting the outcome of criminal proceedings, provided this can be done fairly.

How our sexual harassment solicitors can help you devise training programmes for your team

Laura Donnelly provides training through MBL to HR professionals and other lawyers on Preventing Sexual Harassment in the Workplace – Prevention, Conducting Investigations and More. She is currently involved in devising tailor-made training courses for large companies to employees at different levels of seniority. If you would like a quote for training your workforce, please contact Laura Donnelly at laura@ms-solicitors.co.uk .

Our employment team can also help you devise an effective Anti-Harassment Policy which is suitable for the sector and size and resources of your organisation.

How our employer sexual harassment solicitors can help you deal with sexual harassment claims

If one of your workers or contractors reports that they have been sexually harassed by someone in your organisation, you must take immediate action to minimise any potential claims for sexual harassment.

We can provide HR consultants to investigate and assist you in grievance procedures to handle employee grievances and/or disciplinary procedures advice. This will avoid expensive and reputationally damaging sexual harassment claims against your company. We also have a huge amount of experience in defending claims made in the Employment Tribunal.

We also offer employer redundancy advice and guidance on offering Settlement Agreements relating to sexual harassment allegations in the workplace.

Contact us today to find out more on 01273 609911, or email info@ms-solicitors.co.uk.