Unwelcome Attention FAQs

As of October 2024, employers in England have a legal duty under the Worker Protection (Amendment of Equality Act 2010) Act 2023 to take all reasonable steps to prevent sexual harassment in the workplace.

This risks of not taking all reasonable steps are:

Creating a toxic workplace culture which could undermine employee trust and morale, affect recruitment and retention, and impact productivity.

External reputational damage — especially following a tribunal case or media coverage which can harm your organisation’s reputation, affect recruitment and retention, and consequently impact your revenue.

Regulatory enforcement by the Equality and Human Rights Commission (EHRC) who can investigate your organisation, issue an unlawful act notice, enter into a binding agreement with you, and apply for an injunction to prevent future breaches.

Legal Exposure – a failure to comply can result in potential discrimination or harassment claims being brought in the Employment Tribunal, Civil Courts or in the worst case, the Criminal Courts, which could in turn lead to broader scrutiny of your workplace practices.

Increased compensation / financial penalties – if an employee brings a successful claim for sexual harassment through either the Employment Tribunal or via the Civil or Criminal Courts, you may end up having to pay compensation / damages and other such financial payments or fines if you are held to have not taken all reasonable steps to prevent sexual harassment in the workplace.

Many employers believe that sexual harassment isn’t an issue in their organisation.

But this assumption can be dangerous. Sexual harassment often goes unreported due to fear of retaliation, embarrassment, or a belief that nothing will change. A lack of complaints doesn’t mean a lack of incidents – it may simply reflect a lack of trust in the reporting process.

To say that “It doesn’t happen here” is simply not enough now in light of the change to the legal duties that employers are now required to comply with.

Employers are now legally (and perhaps more importantly, morally) obliged to take this issue more seriously for the following reasons:

• The legal duty has changed – employers must anticipate the risk of sexual harassment in their workplace and take proactive measures to prevent it including conducting risk assessments, implementing clear anti-harassment policies, providing regular training, creating safe reporting mechanisms, taking swift action when issues arise, and monitoring and reviewing all of these steps and outcomes.
• Failure to meet this duty can result in legal action by the Equality and Human Rights Commission (EHRC), and potentially successful claims being brought in the employment tribunal, civil and criminal courts.
• Harassment, because of its very nature, is an incredibly sensitive topic, and there will in all likelihood be instances of it happening in your workplace which simply are not reported.
• Even if your workplace seems low-risk, certain factors can increase vulnerability, in particular in situations that perhaps the employer cannot control such as power imbalances (e.g., between managers and junior staff), isolated / remote working conditions, whilst employees are travelling / offsite, alcohol-fuelled events, customer-facing roles or third-party interactions, or as a result of having younger or less experienced staff.

Sexual harassment can occur in any workplace, regardless of size or sector. A robust risk assessment can help employers identify in the first place where and how harassment might occur, and what can be done to prevent it.

So what should employers be looking at to include in their risk assessments?

1. In the first instance, employers need to identify what the potential hazards in their workplace are.
2. Having identified whet the hazards are, employers should then assess who might be at risk, and they should recognise that some employees may be more vulnerable.
3. The next step for employers is then to evaluate what the existing controls in place are.
4. Employers then need to determine what reasonable steps they need to take to ensure that they have complied with their duties. 
5. Once the above exercise has been completed, employers should ensure that they have recorded and reviewed the outcome of their risk assessment.

Risk assessments should not be a one-off exercise. They must be part of a broader strategy to foster a respectful, inclusive, and safe working environment. This includes leadership modelling appropriate behaviour, encouraging open dialogue, and ensuring accountability at all levels.

As of October 2024, employers in England have a legal duty under the Worker Protection (Amendment of Equality Act 2010) Act 2023 to take all reasonable steps to prevent sexual harassment in the workplace.

This duty is much more onerous than the previous duty, and places Employers now in the position where they need to be taking a much more proactive stance to prevent sexual harassment taking place in the workplace in the first place.

So, as an employer, what steps do I need to take to comply with these duties?

1. Understand the legal duty

2. Conduct a risk assessment

3. Develop and communicate a clear policy

4. Provide training

5. Establish safe reporting mechanisms

6. Respond promptly and appropriately to allegations of sexual harassment

7. Regularly monitor and review your practices and procedures

As a result of the change to the duty under the Worker Protection (Amendment of Equality Act 2010) Act 2023, Employers cannot now ignore the issue of sexual harassment within the workplace without serious repercussions. However, if an Employer takes all reasonable steps as detailed above, they will be placing their organisation in the best position to fend off any adverse consequences.

One of the most effective yet underutilized tools in combating sexual harassment in the workplace is bystander intervention training.

Bystander training is delivered with a view to equip employees with the awareness, confidence, and skills that they need to recognise and safely intervene in situations where harassment may be occurring or may be about to occur.

It provides employees with tools to intervene and call out where behaviour is inappropriate or unacceptable and can be key to de-escalating a situation that may be about to unfold.

Rather than placing the burden solely on victims to report misconduct, this approach empowers everyone in the workplace to play a proactive role in prevention.

So why does this matter so much for Employers?

1. It creates a culture of accountability and fosters an environment where inappropriate behaviour is less likely to be tolerated or ignored.
2. It supports victims and builds trust amongst staff.
3. It improves morale and retention.
4. It closes the gap between policy and practice.
5. It reduces risk and liability.

So how can I make Bystander Training work properly in my organisation?

For bystander training to be effective, it must be:

• Inclusive and scenario-based – if possible, it should be tailored to reflect the realities of your workplace and diverse employee experiences.
• Ongoing – it shouldn’t be a one-off session, but more part of a continuous learning and development strategy.
• Supported from the top – leadership must model the behaviours they expect from others.

We can provide a bespoke package to fit what your organisation needs to ensure that:

• You are fully informed of the legal duties, and you have a clear understanding of what your workplace needs to do to prevent sexual harassment in the workplace.
• You have the correct documentation in place that has considered all the risks tailored to your specific workplace.
• Appropriate practices and procedures have been put in place so that if an allegation of sexual harassment is made, you can feel confident that you have responded accordingly.

So what can Prettys provide?

By working with a solicitor to ensure that you have done all that you can to reduce the risk / prevent sexual harassment taking place in your workplace, as an employer, you will be able to demonstrate to your staff a commitment to upholding dignity at work, reducing legal risk, and fostering a culture of trust and accountability.

We can provide the following:

• Tailored workplace surveys and / or reports to assess the workplace culture and vulnerabilities that exist in terms of sexual harassment in your organisation, to then enable us to consider what needs your workplace has.
• An appropriate risk assessment that identifies potential vulnerabilities and helps you implement preventative measures to reduce the risk of harassment.
• Drafting and / or reviewing your anti-harassment policies to ensure that your policies are robust, legally compliant, and tailored to your workplace culture.
• Training and awareness – we can advise on or deliver training for staff and managers to foster a respectful and inclusive environment.
• Investigating allegations – we are able to provide impartial, legally sound investigations into complaints, ensuring fairness and protecting your organisation from liability.
• Advice on disciplinary action – we can guide you through appropriate responses and procedures when misconduct is identified.

So, what makes us different / why chose us?

• Whilst we are lawyers, the assistance that we provide is aimed at a practical application of the legal duties, in a manner that is easy to understand and implement.
• We have in place all the right resources to use at the right time to ensure that your organisation is compliant and protected from a legal perspective.
• Because we are lawyers, we are able to work in a privileged environment to ensure that the work that we are doing is handled confidentially and sensitively with the aim of your practices and procedures being legally robust.
• We are able to offer bespoke tailored packages for your organisation with costs structures that work for your business and make the use of our services justifiable from an economic basis.
• By working with a solicitor to ensure that you have done all that you can to reduce the risk / prevent sexual harassment taking place in your workplace, as an employer, you will be able to demonstrate to your staff a commitment to upholding dignity at work, reducing legal risk, and fostering a culture of trust and accountability.