How to prevent sexual harassment: Checklist and action plan

Since 26 October 2024, employers have been under a legal duty to take reasonable steps to prevent the sexual harassment of their workers. The Equality and Human Rights Commission has recently published additional materials to help employers comply. 

We summarised the key points and set out a "to-do" list for employers in our blog last month. 

EHRC guidance

In September, the EHRC published technical guidance and an employer 8-step guide to help employers understand the proactive steps they must take. 

On 12 November 2024, the EHRC published more guidance. This includes three templates, designed to complement existing HR policies and help employers take action.

Although not legally binding, employment tribunals are likely to refer to the EHRC guidance when looking at the scope of the legal duty and if an employer has met it. If they haven’t, Employment Tribunals will have the power to increase compensation in a sexual harassment claim by up to 25%.

New EHRC templates

The templates will be particularly useful for employers in the hospitality sector, for which they were originally designed. But the EHRC says they can also be adapted for other sectors and workplaces.

They are as follows:

• Checklist: Setting out issues to consider in relation to communication, changes to the work environment, and policies and procedures:
  • before a shift
  • start of a shift; and
  • at the end of a shift.

There are also lists of suggested actions.                            

• Action plan: To record what action an employer needs to take to make the checklist part of their working practices. For example, deciding who will use the checklist and how they can be supported to use it through training and awareness.

• Monitoring logs: To be completed after each shift to help monitor how the checklist and action plan are being used, and log any changes needed. It’s suggested a more in-depth log should be completed every quarter.       

The templates show, if it was not clear already, the lengths to which employers must go to daily, to protect their workers and transform workplaces.

They also highlight the risks of third-party harassment, which is of particular importance in the hospitality, retail, care, healthcare and transport sectors. There, employees regularly come face-to-face with customers, clients and other members of the public, increasing the risks. 

Preventing third-party harassment

The preventative duty extends to sexual harassment by third parties, although for now an employee cannot bring a standalone claim for it.

There are various steps an employer should consider taking to reduce the risks of and prevent third-party harassment. What is “reasonable” will depend on various factors, including the size and resources of the employer. However, here are some examples: 

• A public notice making it clear to users of the employer’s services that it will not tolerate sexual harassment.
• Introducing code words, panic buttons or alarms so staff can get help quickly. 
• Having a process for dealing with a customer who harasses an employee (such as a warning, removal from the premises, or a permanent ban).
• Changing the environment, such as improving lighting and avoiding secluded corners, to alleviate the risks.
• Adding specific terms to agreements with any third parties you contract with, requiring them to take steps to prevent sexual harassment of your staff by their workforce.

There is plenty of guidance to help employers navigate the new duty to ensure they are taking appropriate steps. It is crucial that employers do so, to protect their workers, business and reputation, and to avoid legal claims. 

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