Preventing Sexual Harassment in the Workplace: Anti-Harassment Policy

On 26 October 2024, the Worker Protection (Amendment of Equality Act) Act 2023 is set to come into force. This introduces a new duty on employers to take reasonable steps to prevent sexual harassment in the workplace. For more information on the duty, check out my recent article: The New Duty to Prevent Sexual Harassment in the Workplace.

Anti-Harassment Policy

It is extremely important that employers start taking practical steps to ensure they are complying with the duty.

One of the practical steps you can take is to ensure you have a sufficient Anti-Harassment/Bullying Policy in Place.

What Should an Anti-Harassment Policy Include?

Policy Statement

• You may wish to begin your policy with a statement which sets out your commitment to ensuring your staff are treated with respect and affirms your zero-tolerance approach to harassment.
• You may want to make specific reference to your Equality, Diversity and Inclusion policy if you have one.

Definitions

• Ensure your policy clearly sets out what constitutes as harassment i.e. engaging in unwanted behaviour (of a sexual nature or otherwise) that has the purpose or effect of violating another person’s dignity or creating an intimidating, hostile, offensive environment for them.
• Include specific examples of harassment (i.e. physical, verbal and sexual)
• Specific examples of sexual harassment might include (but are not limited to): Making sexual jokes or comments, staring, making sexual remarks or comments about someone’s body, clothes or appearance, touching someone without their consent and sharing pornographic and/or sexual images.

Reporting Procedure

• Outline how an employee can report an incident of harassment confidentially.
• You may want to set out an informal reporting procedure and a formal reporting procedure; the latter should be used where serious incidences of harassment have taken place or where informal methods are not appropriate.
• Informal Procedure – i.e. reporting the matter verbally or in writing to your manager.
• Formal Procedure – i.e. writing a formal complaint to the HR department, with details of the behaviour in question, name of the perpetrator, nature of the harassment, dates and times it occurred and any witnesses.
• Provide a statement outlining that retaliation for reporting will not be tolerated.

Investigations

• Explain how reports/complaints will be dealt with – i.e. an investigation and possible disciplinary procedure.
• Again, you may wish to have separate informal and formal approaches.
• An informal approach might look like: having an initial private conversation with the person who has been complained about, followed by a meeting with all parties involved to attempt to resolve the situation.
• A formal approach might involve following a formal disciplinary process i.e. carrying out an investigation, having a disciplinary meeting and deciding an outcome.
• Ensure you keep a record of the outcome of any informal/formal procedure.
• Give an estimated timescale for the compliant to be dealt with.

Consequences

• Outline the consequences for violating the policy – e.g. possible suspension or disciplinary action.

Prevention Steps

• Outline steps you are taking to prevent harassment in the workplace – i.e. training, additional support to employees working alone etc.

Statement

• Have your employees sign a statement to confirm they have read the policy.

How can Ellis Jones help?

It’s crucial that employers start taking pro-active steps to comply with the new duty. At the very least, you should ensure you have an anti-harassment policy in place before 26 October 2024.

Once you have your policy in place it is imperative that you train managers and staff on this policy. Our Employment team can help you with this training.

If you require assistance with drafting an Anti-Harassment Policy or training staff, please do contact us on 01202 525333 or by email at employment@ellisjones.co.uk, one of our team would be very happy to assist you.

We also run a monthly, free HR forum in conjunction with Rubicon People, it is free to join and an invaluable way to stay up to date with changes to employment law and HR. If you would like to attend, place contact employment@ellisjones.co.uk.