EHRC publishes guidance on the prevention of workplace sexual harassment

Prevention of workplace sexual harassment

Employers are under a legal duty to take reasonable steps to prevent workplace sexual harassment (Preventative Duty). This positive legal obligation marks a shift from reactive to preventative measures and includes a specific duty to address third-party harassment by customers, suppliers, and others.

Failure to meet this duty can have significant consequences. If an employment tribunal finds that an employer has breached the Preventative Duty, compensation awarded to the victim can be increased by up to 25%.

To help employers comply with this duty, the EHRC has published resources including a checklist, an action plan, and monitoring logs. Originally designed for the hospitality sector, these tools can be adapted for a variety of workplaces. However, employers in office-based or remote environments may need to significantly reframe the tools to suit their workflows.

EHRC resources act as a starting point

To help employers take steps toward compliance, the EHRC has published practical resources, including:

• A checklist to guide actions before, during, and after shifts
• An action plan to help employers implement the checklist
• Monitoring logs to track progress and inform improvements

While these resources were initially designed with the hospitality sector in mind, they can be adapted for other workplaces. However, employers in non-shift settings, such as offices or remote teams, will need to make significant adjustments to align these tools with their unique environments.

Key focus areas

The checklist is structured around three main areas of focus:

• Communication with staff: employers should promote a culture of zero tolerance and ensure staff understand what constitutes sexual harassment and how to report it
• Creating a safe work environment: employers are encouraged to assess and mitigate risks, such as unfair power dynamics, working alone, or poorly lit environments, to make the workplace as safe as possible
• Policies and procedures: robust policies should ensure employers are aware of incidents of harassment and have clear processes for addressing them effectively

For shift-based workplaces, the checklist provides actions to take:

• Before the shift: setting expectations and preparing the environment
• At the start of the shift: reinforcing safety protocols and reminding staff of policies
• After the shift: gathering feedback and recording any incidents or concerns

Non-shift workplaces can adapt these actions to reflect their workflows, such as using pre-meeting discussions and post-project reviews.

Guidance is not enough

While the EHRC resources offer valuable tools, they are only a starting point. Employers need to go further to meet the Preventative Duty effectively. For example, the guidance itself emphasizes the importance of:

• Conducting risk assessments to identify vulnerabilities and address risks proactively
• Establishing robust systems for anonymous reporting and ensuring these are accessible to all employees
• Tailoring policies, training programs, and escalation protocols to reflect specific workplace dynamics

Employers should also regularly review and refine their practices to ensure ongoing compliance and effectiveness.

How we can help

Achieving compliance with the Preventative Duty requires more than implementing the EHRC’s tools. Our workplace culture strategy support package is designed to help employers develop tailored, comprehensive solutions that go beyond the basics.

We can support you by:

• Conducting detailed risk assessments to identify potential vulnerabilities
• developing customised action plans to address gaps and implement effective strategies
• Updating and aligning workplace policies to reflect best practices
• Providing training and awareness initiatives to embed a culture of accountability and prevention
• Advising on managing third-party risks and creating robust escalation protocols

By integrating these elements, we ensure that employers not only meet their legal obligations but also foster a workplace culture that supports employee safety and inclusion.

For more information or advice, please contact Jessica Scott-Dye in our Employment team on 0117 314 5286, or complete the form below.