On 26th October 2024 employers will be obliged to take ‘reasonable steps’ to protect workers from harassment of a sexual nature (‘sexual harassment’).
Draft guidance from the Equality & Human Rights Commission (‘EHRC’) illustrates the new preventative duty to anticipate scenarios which may give rise to sexual harassment and reasonable pro-active take steps to address them (i.e. risk assess & act). This extends to preventing sexual harassment of workers by third parties.
Here are our tips for employers to identify the risks in their organisations and how to mitigate them.
Identifying Potential Risks
To conduct a thorough risk assessment, organisations must identify potential risks of sexual harassment. This may involve:
- Reviewing past incidents: Examining previous cases of sexual harassment within the organisation can provide valuable insights into areas of vulnerability.
- Considering the organisation’s culture: A culture that tolerates or dismisses sexual related ‘banter’ or complaints of sexual harassment can create a high-risk environment.
- Assessing power dynamics: Unequal power relationships, such as between managers and subordinates, can increase the risk of sexual harassment.
- Examining policies and procedures: Evaluating the organisation’s existing policies and procedures related to sexual harassment can help identify any gaps or weaknesses.
- Identifying third-party risks: Assessing the potential risks posed by third parties, such as contractors, suppliers, and customers, is essential. These parties may have access to employees and can potentially create a hostile environment.
Assessing the Likelihood and Impact of Risks
Once potential risks have been identified, it’s necessary to assess their likelihood and potential impact. This involves considering factors such as:
- Frequency of incidents: How often have similar incidents occurred in the past?
- Severity of incidents: What were, could be, the consequences of these incidents?
- Vulnerability of employees: Are certain groups of employees, such as women or young people, more at risk?
- Third-party risk factors: Assessing the likelihood and impact of risks posed by third parties, such as the environment for their interactions with workers and the size, industry, and reputation of the third party.
Developing Risk Mitigation Strategies
Based on the risk assessment, organisations can develop appropriate risk mitigation strategies. These may include:
- Clear policies and procedures : Implementing comprehensive policies and procedures that clearly define sexual harassment and outline the consequences of such behaviour, including for third parties.
- Training and education: Providing regular training to all employees and relevant third parties on sexual harassment, including what constitutes harassment, how to report incidents, and the organisation’s commitment to preventing harassment.
- Complaint handling procedures: Establishing a clear and accessible process for reporting and investigating complaints of sexual harassment, including those involving third parties.
- Monitoring and review: Regularly reviewing the risk assessment and implementing changes as needed to ensure the organisation’s effectiveness in preventing sexual harassment.
- Third-party risk management: Implementing measures to manage risks posed by third parties, such as conducting due diligence, requiring them to adhere to the organisation’s sexual harassment policies, and monitoring their compliance.
Engaging Employees and Third Parties
Employee engagement is essential for a successful sexual harassment risk assessment. Consider involving employees in the process through:
- Surveys and feedback: Gathering employee input on the workplace culture, potential risks, and the effectiveness of existing policies and procedures.
- Focus groups: Conducting focus groups to discuss issues related to sexual harassment and identify areas for improvement.
- Employee representatives: Involving employee representatives in the risk assessment process to ensure their concerns are addressed.
Additionally, it’s important to engage with third parties to ensure they are aware of the organisation’s commitment to preventing sexual harassment and understand their obligations.
The TUC has a useful checklist which employers can use to work through for risk assessing and planning preventative action
By conducting regular sexual harassment risk assessments and implementing effective mitigation strategies, including those addressing risks posed by third parties, organisations can create a safer and more inclusive workplace for all employees.
Disclaimer: The information and advice provided in this blog are correct at the time of publishing. Employment law is subject to change, and while we strive to keep our content current and accurate, we recommend consulting with one of our legal professionals or checking the latest regulations via official sources for the most up-to-date information. Vista Employer Services is not responsible for any actions taken based on the information provided in this blog.