Sexual harassment is not only fundamentally wrong and deeply distressing for those who experience it, but it also poses a significant legal risk for organisations, leading to decreased morale, reduced productivity, and high employee turnover.
From 26th October 2024 all employers have been placed under a pro-active duty to take reasonable steps to prevent sexual harassment in the workplace (with the Equality and Human rights Commission (EHRC) taking the view that the duty applies to harassment by both third parties and workers). Breach of this duty comes with the risk of enforcement action by the EHRC and, where the harassment is by a co-worker and results in a successful tribunal claim for sexual harassment, an uplift of up to 25% on any compensation awarded.
Compensation for harassment is, technically, unlimited, although in practice will be based on the loss and injury a claimant has suffered. 25% on an uncapped amount could be considerable. We have seen tribunal awards for harassment running into six figures in recent years. (See, by way of example, the 2021 case of X v Volkerrail Limited, where the claimant was awarded nearly £420,000 after being sexually harassed by her manager.)
For HR professionals, creating a safe and respectful work environment free from sexual harassment is more essential than ever. The EHRC has recently published a useful document outlining eight steps to tackle sexual workplace harassment. While all are important, here are our top five practical ways to bring these guidelines into practice.
- Establish a clear Anti-Harassment Policy
Creating a clear, comprehensive anti-harassment policy is the foundation of a harassment-free workplace. The EHRC recommends that this policy be thorough and easily accessible, detailing what constitutes harassment and the consequences of such behaviour. It also recommends dealing with sexual harassment separately to other types of harassment. Ensure that the policy is communicated to all employees regularly and reinforced through ongoing discussions. HR professionals should also make this policy part of the onboarding process, so new hires are aware of the business’s stance from day one.
- Foster a culture of respect and inclusivity
Culture is a powerful tool in preventing harassment. To build a respectful workplace, consider implementing regular training sessions that reinforce respectful behaviours and the importance of inclusivity. According to the EHRC, fostering a positive culture includes ensuring that everyone—employees, managers, and executives—understands their role in maintaining a safe environment. Set a zero-tolerance tone for harassment from the top, as leadership’s attitude towards these issues influences the entire workplace. When leaders model respect, it trickles down throughout the business, making harassment less likely.
- Offer robust training and awareness programs
Regular, practical training is crucial in preventing harassment, and the EHRC emphasises that it should be tailored to fit your workplace’s specific needs. Move beyond basic, generic compliance training; instead, opt for interactive, scenario-based workshops that help employees recognise harassment, know how to respond, and understand the impact of their actions. Consider implementing “bystander training” as well, which empowers employees to act if they witness harassment. This is something we have done as a firm and it was well received. Training should be refreshed periodically to ensure continued awareness and relevance.
- Encourage open communication and reporting channels
Creating a harassment-free workplace requires a safe, confidential reporting system. Employees must feel comfortable reporting incidents without fear of retaliation. The EHRC’s guidance highlights the importance of a range of reporting channels—both formal and informal—and having trained, empathetic staff members handle complaints. Anonymous feedback systems can also help identify issues early. By ensuring employees know that their concerns will be taken seriously, HR can create an environment of trust and openness.
- Take immediate and consistent action when issues arise
One of the EHRC’s key recommendations is to act promptly and consistently when harassment complaints arise. HR professionals should develop clear investigation procedures that are both confidential and fair. Establishing these procedures in advance ensures that issues are handled professionally and consistently, preventing situations from escalating. Employees are more likely to report problems if they believe their concerns will lead to real consequences.
What amounts to reasonable steps will depend on the size and nature of an organisation along with the extent of the risks it faces. If you do not have the resources to do everything set out above that does not necessarily mean you will be in breach of the duty. However, the more you can do the better and doing a risk assessment can help identify priorities to focus on.
Creating a workplace where harassment is not tolerated requires proactive, consistent effort by HR teams. While no single action will eliminate harassment, combining policy with cultural change, robust training, open communication, and prompt responses provides a strong foundation.
