Still work to be done around sexual harassment in the workplace

Seven years since the #MeToo movement highlighted widespread sexual assault and abuse across the entertainment industry, we are again faced with the same headlines. Rapper Diddy is under arrest in New York charged with sex trafficking, racketeering and transportation to engage in prostitution and dozens of women have come forward alleging they were sexually assaulted or even raped by Mohamed Al Fayed, while working at Harrods.

A barrister working for ‘Justice for Harrods Survivors’ told the BBC that they’ve had more than 100 inquiries to their team from all over the world, since going public with the details of allegations against Mr Al Fayed.

One of the women who raised a complaint has called for changes to HR laws in relation to sexual harassment and assault, to ensure safe environments at work.

Kate Palmer, Employment Services Director at Peninsula, says “Employees should expect to be able to come to work and not face harassment. Harassment of any kind is a form of discrimination that is unlawful, but sexual harassment is especially concerning.

“It’s important that businesses take steps to prevent sexual harassment in the workplace and have procedures in place to deal appropriately with concerns – whoever they are made against.

“Not just because it’s the right thing to do, but because employers can be held vicariously liable for the acts of their employees if a tribunal claim is brought.

“That’s not all; from 26 October 2024, employers will be under a new duty to take reasonable steps to prevent sexual harassment in the workplace. This duty was introduced by the previous government, with Labour pledging in their election manifesto to further tighten the duty on employers to prevent any form of harassment or abuse in the workplace.

“It’s important for employers to reflect on what they already do and consider if more needs to be done. Do not assume that sexual harassment is not a problem in your workplace just because you haven’t received a complaint. This is especially important in light of the October law change. The new duty is a proactive one; employers need to assess their risks and take action before allegations are made.

“Preventing sexual harassment is not just about having signs in the workplace stating that sexual harassment is not tolerated. Instead, employers need to make sure that a culture of respect and professionalism is communicated from the outset in every workplace and followed at organisational level from the top-down.

“Embed the mindset that sexual harassment – or indeed any form of bullying or harassment – is simply not acceptable from anyone, regardless of role or level of seniority.

“Steps may include having a policy, delivering training to staff, having a clear procedure in place for workers to report concerns and then ensuring that a full investigation is carried out and appropriate action taken if inappropriate behaviour is reported.

“Concerns should not be brushed under the carpet or ignored, nor should employers implement measures and then walk away thinking their job is done. These measures need to be regularly reviewed, to assess their effectiveness and update where gaps are identified or legislation changes.

“Remember to keep a close eye on this area of law. The government has said that they want to ‘properly tackle sexual harassment at work’, so further change could be on the horizon.

“A TUC poll earlier this year shockingly found that more than half of women had experienced some sort of sexual harassment or violence at work during their career, with almost 80% of those affected opting not to report or seek support.

“And statistics from Health Assured show a 266% increase in the number of calls to their EAP line related to sexual harassment between 2019 and 2023.

“This is simply unacceptable, and it’s clear that there is still work to be done to ensure everyone has a safe working environment, free from any form of harassment.”

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