THE FESTIVE SEASON IS HERE, LET'S TALK ABOUT SEXUAL HARASSMENT

As the holiday season approaches, workplaces often become a hub of festivities, filled with parties, drinks, and the spirit of unwinding. However, this time of celebration can also inadvertently create an environment where inappropriate behaviors flourish. With the rise of social media and advanced technologies, the potential for mischief has never been greater. It’s crucial for organizations to firm up their commitment to protecting their employees from sexual harassment, as a lack of response can lead to a toxic culture of bullying and distress. Think about an employee who outrightly refuses sexual advances from a supervisor, what are the likely outcomes? It can damage people’s careers, as well as their mental and physical health.

Understanding the Impact of Sexual Harassment

Sexual harassment is not just an issue of inappropriate comments or unwanted advances; it can have profound psychological effects on the victim. Individuals who experience harassment often grapple with feelings of guilt and self-doubt, questioning whether their behavior or appearance invited such treatment. This mental challenge can impact their productivity, mental health, and overall well-being.

With the holiday season around the corner, it’s essential for employers to ensure that they have a robust sexual harassment agenda in place. The festive atmosphere can blur the lines of professionalism, making it easy for boundaries to be crossed. Moreover, with the advent of technology, the risks have expanded. For example, altering images to include a colleague’s face inappropriately is a form of sexual harassment that can have serious repercussions.

Establishing Clear Guidelines

In an era where workplace relationships are inevitable, organizations must implement clear guidelines to mitigate the risk of sexual harassment, especially when personal relationships go awry. Here are some essential steps employers should consider:

1. Develop an Effective Anti-Harassment Policy: This policy should outline the complaint procedure, define harassment, and specify the consequences of such behavior. It’s not enough to have a policy; it needs to be comprehensive, accessible and fully understood by all employees.

2. Engage Your Staff: Use surveys to assess employees’ understanding of the policy. Have conversations around what they would deem uncomfortable and record that for mitigation. Engagement fosters a culture of awareness and accountability.

3. Conduct Risk Assessments: Regularly evaluate the workplace for potential risk factors that could lead to harassment e.g favouritism, a lack of awareness of sexual harassment policy details etc. A watertight policy is ineffective if the environment isn’t assessed and improved.

4. Establish Reporting Procedures: Clearly outline who employees should report to and what steps they should take if they experience or witness harassment.

5. Conduct Regular Training: Implement training sessions and refresher courses on sexual harassment to keep the topic at the forefront of employees’ minds.

6. Create a Response Plan: Ensure there is a clear procedure for handling harassment complaints, including support for those affected.

7. Monitor and Evaluate Actions: Continuously assess the effectiveness of your policies and training programs. Keep an action log, training log, and incident log to track progress and areas needing improvement.

The Role of Induction Programs

One of the most critical opportunities for organizations to set the tone for acceptable behavior is during the induction process. This is when new employees are introduced to the company culture, policies, and expectations. A well-structured induction program can help correct any misalignments between an employee’s previous experiences and the organization’s values. After all, you never know what background a new hire comes from—some may have been shaped by environments where harassment was overlooked or even normalized.

The Legal Perspective

It’s important to remember that no employer is exempt from the duty to prevent sexual harassment. In fact, statistics show that companies with comprehensive harassment policies and training programs are less likely to face lawsuits.

• From 26 October 2024 employers must take reasonable steps to prevent sexual harassment of their workers, including by third parties
• Employers must be proactive in assessing risk, identifying action and regularly review their processes.

There's been a change in the law made by the?Worker Protection (Amendment of Equality Act 2010) Act,?which will have effect from 26 October 2024. The Act introduces a new legal duty on employers to take reasonable steps to prevent sexual harassment of their workers (the ‘preventative duty’). Previously there was no proactive legal obligation on employers to take steps to prevent sexual harassment at work.?It strengthens existing legal protections from workplace sexual harassment which can be inadequately addressed by employers.

The Act also includes the ability for compensation in sexual harassment claims to be increased. If an employment tribunal finds a worker has been sexually harassed, it must consider whether the preventative duty has been met. If not, the employer can be ordered to pay an additional 25% (maximum) compensation.

The change in legislation also gives the EHRC power to take enforcement action where there is evidence of organisations failing to take reasonable steps to prevent sexual harassment.

Conclusion

Ultimately, educating employees about what constitutes acceptable behaviour is paramount. Having a policy in place is not enough; organizations must ensure that all elements of the policy are in good standing when a lawsuit is filed. Proactive preventative action is the best approach to protect your workforce and foster a safe, respectful workplace.

As we approach this festive season, let’s prioritise ensuring that our workplaces are not only places of productivity but also safe havens for all employees. After all, nobody should have to navigate the complexities of workplace relationships while worrying about harassment or bullying. Let’s toast to a season of joy, respect, and safety for everyone!