Following recommendations by the Equality and Human Rights Commission (EHRC), the government confirmed its intention to introduce a statutory code of practice on sexual harassment and harassment at work, specifying the steps that employers should take to prevent and respond to sexual harassment. The government asked the EHRC to develop the code and it is expected to be issued during September 2024.

From 26 October 2024, employers will be under a positive duty to take proactive reasonable steps to prevent the sexual harassment of their employees.

It is likely that the reasonable steps an employer should take will depend on its size and resources, and the particular industry in which it operates. However, the following measures could be taken:

• Having a clear and regularly updated policy specifically dealing with sexual harassment.
• Providing mandatory training for all staff on what amounts to sexual harassment, the standards of behaviour expected in the workplace and how to raise a complaint, and additional training for managers on how to handle a sexual harassment complaint.
• Having a zero-tolerance workplace culture in relation to sexual harassment, which is openly supported by senior management.
• Encouraging the reporting of sexual harassment by providing different methods of doing so, a clear process to make and investigate complaints and providing appropriate support to those who raise complaints.
• Conducting regular staff surveys to ascertain the extent of any problem or potential risk of sexual harassment, both internally and in relation to third parties employees come into contact with.
• Taking effective measures to help to minimise the risk of sexual harassment by third-parties.
• Monitoring the progress of all sexual harassment complaints to ensure that they are properly investigated and resolved, repeat offenders are dealt with appropriately, identify particular risk areas and effective measures are put in place to minimise those risks.
• Monitoring the progress of employees who make complaints or are witnesses to sexual harassment to ensure that no victimisation takes place.
• Having workplace champions to provide support and advice to those who experience or witness sexual harassment.

Perspective HR will be reviewing our clients’ policies and procedures to check whether any changes are required. If you have any questions, please contact us for advice by emailing enquiries@perspectivehr.co.uk or by phoning 01392 247436.