You may think having a sexual harassment policy is something you can sort out at a later date. But did you know that it’s a legal necessity under the Equality Act 2010?
And failing to carefully write your policy could leave your business open to problems should any of your employees report sexual harassment.
While it may seem like something from the 1970s or 80s, sexual harassment is a major problem. A survey released this summer outlines that sexual harassment is ‘endemic in UK workplaces’.
For example, the Unite’s Zero Tolerance to Sexual Harassment study says 56 per cent of people polled had been the recipient of sexually offensive jokes. New laws mean businesses must do all they can to prevent sexual harassment in the workplace. But how do you do that?
There are a number of measures you can take. One of those is to create a sexual harassment policy. We’ll look at that in more detail below.
But what happens when you mishandle sexual harassment at work? We are holding a live role play simulating a sexual harassment tribunal that will outline what could happen. It will help you understand the pitfalls, so click here to book your place.
Creating a sexual harassment policy
Having a policy in place should be about more than compliance. A well-defined sexual harassment policy should be the cornerstone of a safe and respectful workplace. And with the new law being enforced in the past year, failing to have a clear policy can lead to serious issues if a court says you haven’t done enough to protect employees.
A clear policy shows that your organisation is committed to:
- Providing guidance to employees on acceptable behaviour.
- Complying to UK laws.
- Indicating the consequences of violating standards in the workplace.
Your policy must also reassure employees that any concerns are taken seriously and illustrate the channels to report any incidents. It must also highlight the support systems in place.
When writing your policy, you must also ensure that it fosters a positive culture in the workplace and will hold individuals responsible for their actions. When creating a positive policy you should:
- Define harassment clearly.
- Consult employees.
- Outline reporting mechanisms.
- Review its contents regularly.
- Commit to training so employees and managers know their responsibilities.
An explanation of sexual harassment
It is important when writing your policy that people understand what behaviour could classed as sexual harassment. You may want to link this to other policies, including bullying and social media policies.
A clear statement
Your policy should also clearly demonstrate your organisation’s position on sexual harassment. Make it clear that you will:
- Not tolerate sexual harassment.
- Take complaints seriously and will not ignore them.
- The policy applies to all members of your team, regardless of role or status.
Third party sexual harassment
The new law that came into force from October 2024 puts the onus on employers to prove enough was done to prevent sexual harassment. And this includes incidents involving third parties. That means anyone outside your business, such as customers, clients and members of the public.
You should explain how you will deal with any issues. It should include what steps you can take to prevent such harassment taking place in the future. Remember, you can’t use your usual disciplinary procedure if the person accused doesn’t work for you!
What support is in place?
A sexual harassment policy should also include outline the support available. And it’s not only support for those who are making a complaint. It should also cover how you will support people who witnessed the harassment as well as the managers who are dealing with the complaints. Also, you must outline the support for anyone accused of sexual harassment.
Do you need help with your policy?
If you’re unsure about your sexual harassment policy and whether it needs updating in light of new laws, we can help. Contact our team today. We offer a bespoke service to help you with HR matters whenever you need them.