Creating a safe, respectful workplace isn’t just good practice, it’s a legal obligation. Harassment can damage morale, harm your reputation, and expose your business to significant financial and regulatory risk.
Harassment occurs when someone experiences unwanted behaviour linked to a protected characteristic or unwanted behaviour of a sexual nature (sexual harassment). This behaviour can undermine dignity or create an intimidating, hostile, degrading, humiliating, or offensive environment, and can take many forms, including spoken or written words, images, gestures, jokes, pranks, or physical actions.
Protected characteristics
Under the Equality Act 2010, the relevant protected characteristics when it comes to harassment are:
- Age
- Disability
- Gender reassignment
- Race
- Religion or belief
- Sex
- Sexual orientation.
Defending harassment claims
If an employee experiences harassment by a colleague, they can raise a complaint internally or bring a claim to an Employment Tribunal. Employers will not be liable for harassment if they can show they took all reasonable steps to prevent it taking place.
This means having clear policies, delivering regular training, and ensuring confidential reporting channels. Every complaint should be taken seriously and investigated promptly, thoroughly, and fairly.
Employers also have a positive duty to take reasonable steps to prevent sexual harassment of their employees. Failure to comply can lead to:
- Enforcement action by the Equality and Human Rights Commission (EHRC)
- Up to 25% higher compensation awards in Employment Tribunal claims.
This positive duty applies to harassment between workers and by third parties such as clients or customers.
What are ‘reasonable steps’?
The right approach will vary by organisation, but we recommend:
- A robust anti-harassment policy
- Effective management training
- A workplace audit to identify risks
- Strong reporting and record-keeping systems
- Independent investigations where needed
- Measures to prevent third-party harassment
- Senior management responsibility.
Taking these steps not only reduces legal risk but also fosters a safe, respectful workplace culture.
How can we support you?
Bespoke training
Our interactive training sessions go beyond generic online courses. We cover:
- Legal obligations and company values
- Sexual harassment and third-party risks
- Reporting processes and liability
- Real-world case studies.
Training demonstrates your commitment to a safe workplace and helps you meet your preventative duty while improving culture.
Workplace audits
We review your policies, reporting systems, and data to identify risk areas. You’ll receive:
- A detailed risk assessment report
- Practical recommendations to reduce exposure
- A strategy aligned with your business objectives.
Audits help minimise legal and reputational risk and show employees you take their safety seriously.
Independent investigations
When allegations arise, impartiality is critical. Our experienced investigators handle sensitive, complex cases discreetly and efficiently, delivering:
- Comprehensive reports with clear findings and recommendations
- ACAS-compliant processes
- Objective, transparent outcomes.
This approach protects your organisation and supports a fair, compliant resolution.
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