UK Update: Top ten tips on tackling sexual harassment in the workplace

The recent launch of the Fawcett Society’s toolkit for employers on preventing sexual harassment in the workplace has highlighted that this remains a prevalent issue within many workplaces.

There is still work that employers can and should be doing to prevent workers being subject to sexual harassment.

1.Establish a change in culture

Changing an organisation’s culture is not something that happens overnight.  It is however a crucially important step in tackling sexual harassment within the workplace.  Individuals tend to respond to the environment around them so, if an employer takes the issue seriously and does not tolerate the idea that sexual harassment is “normal”, they are more likely to follow suit.

2.Demonstrate commitment from leadership

Leadership and senior managers within an organisation should be devising an appropriate strategy and should be committed to implementing this in a thorough and consistent manner. Clear messaging and action being taken from the top can help facilitate change and encourage employees to “speak out”.

3.Take feedback from the workforce on board

Obtaining feedback through confidential surveys and focus groups can not only assist with putting measures in place (and indeed monitoring the success of such measures) but can help establish whether there are any “hotspots” or trends within the organisation.

4.Put in place an appropriate policy

Having an anti-sexual harassment policy is important for those who have been harassed and managers who are handling reports of harassment.  Such a policy can also serve as a clear signal that the business takes sexual harassment seriously.  To maximise the effectiveness of this type of policy, it should be appropriately communicated to the workforce and kept up-to-date.

5.Provide appropriate training

Appropriate training should be delivered on a company-wide basis, along with bespoke training for managers and those individuals who may be tasked with investigating/handling complaints of sexual harassment.  Bystander intervention training is also recommended and can help colleagues respond if they observe sexual harassment at work.

6.Create pioneers or champions

The creation of anti-sexual harassment pioneers or champions within the business can help to raise awareness and drive change. As established and trusted colleagues, these individuals can also assist with gathering experiences, reviewing the processes in place and challenging the organisation.

7.Establish an appropriate reporting route

Individuals should know how to make a report, feel safe doing so, and be in a position where they can select a reporting route that works for them.

8.Respond appropriately to reports of sexual harassment

Effectively handling sexual harassment complaints is fundamental and it is important that an employer takes appropriate action whenever that is necessary.  Not only does this indicate that the issue is being taken seriously, but it can often go some way to help mitigate the impact of experiencing sexual harassment at work.

9.Support your workforce

In addition to taking appropriate action, an organisation should ensure that it is providing appropriate wellbeing support to all of its workforce who are impacted by sexual harassment – whether that be a victim of sexual harassment, a colleague who has witnessed this taking place or a manager who has been instructed to deal with the issue.

10.Continue to be proactive and flexible

Taking a flexible approach is essential and employers should ensure that they are continually alive to how sexual harassment can make its way into the workplace, how this can vary across the board and how this can change over time.

The report is available here.

By Laura Fitzpatrick, Burness Paull LLP, Scotland, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact ukscotland@transatlanticlaw.com

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