WORKPLACE HARASSMENT: PREVENTION MUST BE MORE THAN A POLICY

In the light of the duty to take (all) reasonable steps to prevent sexual harassment, research published recently by the Equality and Human Rights Commission (EHRC) highlights a number of workplace features that can increase the risk of harassment occurring.

These include:

• Male-dominated working environments;

• Highly hierarchical management structures;

• Workforces with significant power imbalances; and

• Insecure or precarious working arrangements.

The research suggests that women, younger workers and ethnic minority employees can be disproportionately affected where these risk factors are present.

While employers cannot always eliminate every risk factor, understanding where vulnerabilities exist within their organisation is an important starting point when assessing compliance with their legal obligations.

Creating a culture where harassment is less likely to occur

The EHRC's guidance emphasises that prevention is closely linked to workplace culture.

A healthy workplace is one in which employees feel respected, included and able to raise concerns without fear of adverse consequences. Organisations that foster psychological safety are generally better placed to identify and address inappropriate behaviour before it becomes embedded.

Examples of measures that can contribute to a positive workplace culture include:

• Inclusive recruitment and promotion practices;

• Effective support networks for employees;

• Mentoring and development opportunities;

• Flexible working arrangements where appropriate; and

• Visible commitment from leadership to equality and respect at work.

Employers should remember that workplace culture is often shaped less by written policies and more by the behaviours that managers tolerate, challenge and reward on a day-to-day basis.

Policies alone are not enough

Most employers already have anti-harassment and equal opportunities policies in place. However, research consistently suggests that policies are only effective where they are actively implemented and regularly reviewed.

Employees must understand what standards of behaviour are expected, how concerns can be raised, and have confidence that complaints will be handled fairly and consistently.

In practical terms, employers should consider whether they have:

• Clear and up-to-date policies;

• Regular communication about behavioural expectations;

• Accessible internal reporting mechanisms;

• Alternative reporting routes where employees do not feel comfortable raising concerns through management; and

• Robust procedures for investigating complaints.

The availability of multiple reporting channels can be particularly important, as employees may be reluctant to report concerns where the alleged perpetrator holds a position of authority.

The role of managers and leaders

One of the clearest messages emerging from the research is the importance of leadership.

Senior leaders and line managers act as "tone setters" within an organisation. Employees take cues from those in positions of authority regarding what behaviour is and is not acceptable.

Where inappropriate conduct is ignored, minimised or dealt with inconsistently, there is a risk that a culture of tolerance develops. Conversely, leaders who model respectful behaviour and respond promptly to concerns help reinforce organisational standards and build trust.

This makes manager training particularly important.

Training that makes a difference

Employers should also review whether their training programmes are genuinely effective.

The EHRC's findings suggest that generic, one-size-fits-all training is less likely to influence behaviour. Training is generally more effective where it is:

• Tailored to different roles and levels of seniority;

• Interactive and discussion-based;

• Regularly refreshed; and

• Linked to real workplace scenarios.

Managers, in particular, should understand not only how to identify harassment but also how to respond appropriately when concerns are raised.

Key takeaway

The new duty to take reasonable steps to prevent sexual harassment means that employers should be reviewing their approach now. Policies remain important, but they are only one element of a wider prevention strategy.

Employers who focus on workplace culture, effective reporting mechanisms, meaningful training and visible leadership are likely to be in the strongest position both to reduce the risk of harassment occurring and to demonstrate compliance with their legal obligations.

If you would like advice on reviewing your workplace policies, reporting procedures or harassment prevention training, please contact the Horsfield Menzies employment law team.