In light of the new proactive duty for employers to take “reasonable steps” to prevent sexual harassment, we need to start thinking of managing this danger as we do a health and safety risk. If there is a big hole in the floor, you need to fix it, or at least put up a fence and some signs to make sure no one falls in. Organisations should take the same approach to managing the risk of sexual harassment, assess their workplace for potential risks and think about what steps they can take to mitigate such risks with the aim of creating a safer and more respectful work environment.
Five top tips on conducting sexual harassment risk assessments
1 – Reflect on environmental factors
This means considering the conditions under which sexual harassment may be more likely, such as:
- lone/isolated working;
- night-working;
- work-related travel;
- close contact of any type (whether that is a crowded environment, personal care or otherwise); or
- any environment where alcohol is present.
By carefully evaluating these conditions, employers can identify high-risk areas and take proactive measures to ensure that employees are informed about how to respond to sexual harassment, understand reporting procedures and have access to the necessary resources to support their wellbeing. Remember, the “workplace” is broadly defined so can capture site visits, work social events and travel, amongst other things.
2 – Consider the types of people placed in these environments
Certain people/groups and relationships can impact risk. For example:
- Power imbalances are often at the heart of sexual harassment issues. One person can have more power for a variety of reasons including age, seniority or length of service.
- Linked to the above, certain groups are often more vulnerable due to stability of contract, such as probationers, fixed-term or agency staff.
- A lack of diversity at all levels of the business creates a risk. While a person of any gender can harass/be harassed, statistically women are more likely to be harassed by men, so predominantly male workforces can be risk areas.
- Third party interactions – be that with customers, clients or members of the public, there may be factors that increase risk in particular situations such as social events and conferences.
3 – Review reporting infrastructure in place and barriers to reporting
Barriers to reporting, such as fear of retaliation, a lack of trust in the reporting process or uncertainty about what qualifies as inappropriate behaviour, can discourage employees from coming forward. Employers should assess whether current reporting channels are accessible, confidential and trusted by employees. Additionally, inadequate training may leave employees unclear about what constitutes harassment or how to report it properly. Strengthening training programmes and improving the reporting process are key steps in fostering a culture where employees feel safe and supported in speaking up about any incidents they encounter.
4 – Monitor trends within the organisation and have an action plan
Implementing a robust monitoring system and action plan to address sexual harassment trends within an organisation is essential for fostering a safe and respectful workplace. Improving reporting processes and training can naturally lead to an increase in concerns being raised – this greater visibility of issues should be expected with the aim being to see long-term changes. Regularly tracking and analysing data on reported incidents allows employers to identify patterns or areas of concern. To ensure meaningful change, it is important to establish an accountability mechanism that holds leadership and management responsible for taking prompt action. If any trends or issues emerge over a 12-month period, they should be addressed in a timely manner, with clear steps taken to resolve the problem and prevent future occurrences. This proactive approach demonstrates a commitment to reducing instances of sexual harassment.
5 – Be mindful of data privacy requirements
It is crucial to remain mindful of data privacy requirements, particularly when handling sensitive information from reports, surveys and, crucially, records of historic complaints. Employers must ensure that data is collected, stored and processed in compliance with privacy rules. By safeguarding personal data and respecting confidentiality, organisations can encourage open communication without compromising employee privacy.
How can employers mitigate risk?
To effectively manage the risk of sexual harassment, it is essential to assess current risk levels by considering the factors mentioned above. Employers should review existing policies designed to mitigate these risks, ensuring they are comprehensive and effective. Once gaps are identified, the next steps should involve developing a targeted and prioritised action plan with clear timelines and assigned accountability for implementation.
In some cases, you may need to change/improve practices that are too risky, such as by limiting alcohol at events; introducing policies addressing relationships at work; minimising isolated working particularly where there are other risk factors at play, as often it is the culmination of many factors that leads to an unsafe environment. By addressing these areas with urgency and accountability, organisations can significantly reduce the risk of harassment and create a safer, more inclusive work environment.
Webinar on investigations: sensitive cases for HR professionals
We are hosting a webinar on Wednesday 30 October, which will look at the complexities of investigations where a whistleblowing case intersects with allegations of sexual harassment. If you would like to attend, you can register here.
