EHRC updates its harassment guidance - eight-step guide for employers!

On 26 September 2024, the Equality and Human Rights Commission published its updated technical guidance for employers to help ensure they are taking the necessary steps to prevent sexual harassment in the workplace. The new legal duty, which comes into force on 26 October 2024, requires all employers to take reasonable steps to prevent sexual harassment. You can read more about the new duty and the consequences of non-compliance in our previous Spotlight article .

The guidance highlights the fact that employers should not wait until sexual harassment happens before taking action, it refers to transforming workplace cultures and also mentions the need to carry out risk assessments and preventing harassment by third-parties. The guidance is not legally binding, but employment tribunals are likely to take it into consideration when assessing employer actions and considering compensation uplifts.

In addition to the updated guidance, the EHRC has also published an eight-step practical guide .

What are the eight steps?

1.??Develop an effective anti-harassment policy.

2.??Engage with staff - conduct regular 1-2-1s, run staff surveys and exit interviews, and have open door policies.

3.??Assess and take steps to reduce risk in the workplace – undertaking risk assessments (examples of topics to consider: power imbalances, lack of diversity, customer facing roles and socialising).

4.??Reporting - consider using a reporting system (such as an online or independent telephone-based service) that allows workers to raise an issue either anonymously or in name.

5.??Training - workers, including managers and senior staff, should be trained on what sexual harassment in the workplace looks like, what to do if they experience or witness it, and how to handle any complaints of harassment.

6.??When a harassment complaint is made, act immediately to resolve the complaint, taking into account how the worker wants it to be resolved.

7.??Dealing with harassment by third parties (such as a customer, client, patient or supplier) - taking steps to prevent this from happening by, for example, putting reporting mechanisms in place or assessing high-risk workplaces.

8.??Monitor and evaluate the effectiveness of the actions - regularly.

Key takeaways

Employers are therefore encouraged to:

• Action the steps highlighted in the EHRC guidance – there is only one month left to prepare!
• Keep a record of the actions taken, and add to those records when reviewing the effectiveness of the processes and procedures.
• Ensure managers and senior leaders receive sufficient training before the legislation comes into force.

If you or your business requires any assistance to help prepare for this change. Please contact a member of the Employment, Pensions & Immigration department who will be happy to help.

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