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What is changing?
From 30 October the law around workplace sexual harassment is changing. Employers will now be required to take “all reasonable steps” to prevent sexual harassment. They should be able to demonstrate what risks have been identified, what policies and procedures have been put in place to deal with the risks, when training was given, how any complaints have been handled and whether these methods have been reviewed.
There is also new protection for employees around harassment by third parties. An employer must not permit third parties to harass its employees. Examples of third parties include customers and clients, patients, service users, students, consultants, suppliers, contractors and tradespeople. The new legislation is not limited to sexual harassment and also covers other forms of unlawful harassment related to protected characteristics.
Why does it matter?
For many employers, the biggest shift is the expectation to identify potential risks before an incident occurs rather than responding only when a complaint is raised. Organisations are now expected to be able to identify risks, implement safeguards and regularly review whether the measures they have in place are effective enough.
The changes to the law recognises that workplace harassment can have a profound effect on employee wellbeing, confidence and their ability to do their job. The new legislation is designed to create a safer working environment and emphasise the importance that employers take steps to reduce the risk of harassment in the workplace.
Taking effective actions can help improve workplace culture, build employee trust and demonstrate an employer’s commitment to staff safety and wellbeing. However, employers who fail to comply with the new law may face tribunal claims, financial costs and reputational damage.
What should employers do?
Employers should:
Carry out a risk assessment
Employers should identify where there could be risks for harassment, including:
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Customer-facing roles
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Lone working
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Work-related social events
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Travel and overnight stays
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Online communications and remote working environment.
Review and update policies
Employers must make sure that policies:
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Reflect new legal requirements
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Clearly show what behaviour is classed as unacceptable
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Cover third-party harassment
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Explain how to report concerns and the consequences of unacceptable behaviour
Train all staff and managers
Training should:
- Explain what harassment is and how to recognise it
- Show employees how to report concerns, including concerns about the treatment of colleagues
- Be reviewed and updated regularly
- Explain managers' responsibilities when handling complaints
Improve reporting procedures
Employees should have:
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Different ways to report concerns
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Access to confidential reporting channels
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Confidence that reports will be taken seriously
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Protection from victimisation
Address culture in the workplace
Employers should:
- Challenge inappropriate behaviour
- Consistently enforce expected standards of behaviour
- Maintain a zero-tolerance approach to harassment
- Demonstrate leadership's commitment to creating a respectful workplace
Manage third party risks
Employers should consider:
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Clear expectations of behaviour for customers and clients
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Reporting procedures for staff who experience third party harassment
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Actions to be taken against any third-party offenders.
Common mistakes to avoid
Organisations should avoid these common mistakes:
- Using policies that are out of date or have not been regularly reviewed and enforced
- Not considering third-party risks from customers, clients, contractors or visitors
- Assuming harassment won't happen within the organisation and waiting for an incident before taking action
- Not having a clear reporting process, making it difficult for employees to raise concerns in confidence
- Failing to carry out risk assessments to identify where harassment may be more likely to occur
- Taking a reactive approach rather than focusing on prevention
These common mistakes can leave organisations exposed to unnecessary risks. Taking a proactive approach and regularly reviewing policies, procedures and workplace culture can help employers meet their legal obligations and create a safer working environment for everyone.
Need support preparing for the new workplace harassment requirements?
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