The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force on 26th October 2024 extending employers’ obligations in relation to sexual harassment and specifically creating a new proactive legal duty on employers to take reasonable steps to prevent the sexual harassment of workers in the course of their employment (“the preventative duty”).
Sexual harassment is defined as ‘unwanted verbal, non-verbal or physical conduct of a sexual nature which has the purpose or effect of violating the recipient’s dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment for the recipient’. It is important to note that the definition denotes that the behaviour has the purpose OR effect, meaning that if someone perceives the behaviour to be sexual harassment then it should be addressed and acted upon accordingly, even if the intention behind the behaviour was not to sexually harass.
Schools who have attended our equality training in the past will already be familiar with their equality duties, including their General Duty under s149 Equality Act 2010 and supporting specific duties under the 2017 Regulations. Since the introduction of the new Act however, school leaders and Governors/Trustees need to be aware of these additional responsibilities. Schools must be proactive in approach to their new legal obligations under the preventative duty; a failure to do so could be costly both financially and reputationally!
One Education’s HR service has recently launched a new Model Sexual Harassment Policy and Procedure and a template Risk Assessment which reflects the new law and duty and also takes into account the recently updated EHRC Technical Guidance on sexual harassment and harassment. However, whilst adopting such a policy is a key step for schools in evidencing compliance with the new duty, the introduction of a policy on its own will not be sufficient to prevent a claim under the Act. The nature of the duty is anticipatory meaning schools will need to be able to show that they have thought about the potential risks and can demonstrate the positive steps they have introduced to prevent sexual harassment from occurring in the workplace. When we refer to the workplace, this does not just mean school premises; it might also include off-site school events (e.g., training courses or conferences); work related social events and interactions with colleagues outside normal working hours via the use of social media.
In the paragraphs that follow, we explore some of the preventative measures schools can take to help evidence compliance with their legal duty:
1. Appoint a Lead
Ensure that you have a member of staff who is appointed to lead on sexual harassment, this person should have received training on harassment and have a thorough understanding of your school’s policy and process. This person should not be solely responsible for dealing with allegations, but should have a strategic oversight in to how the organisation deals and responds to allegations of harassment. They should ensure that the policy and processes detailed within it are monitored, reviewed and assessed to ensure the school is meeting their aims and objectives of protecting staff from sexual harassment.
2. Staff Survey
Staff surveys can be a useful insight in to the workplace and can help to identify concerns or problems that school leaders may not have been aware of. Reach out to staff asking if they have experienced sexual harassment in the workplace, do they feel safe in the workplace, are there any aspects of their role where they feel more at risk of sexual harassment. If the survey does identify matters that are occurring then this can contribute to your risk assessment and action plan to reduce risks and resolve concerns.
3. Culture
Consider your culture, do you have a workforce where banter is prevalent, do you receive multiple grievances or complaints regarding communication or communication style, do you feel that your workplace is a respectful environment where staff value each other’s differences? The culture of the workplace should be one of mutual respect and understanding with staff working collaboratively and cohesively, if you feel this is not the case, then it’s vital that you look at how you can address this and what changes you could make to improve the work environment.
4. Risk Assessment
Key risks should be identified. Existing controls should be detailed and actions to be taken made clear. The Act does not just apply to staff being sexually harassed by colleagues but also by third parties, so it is vital that consideration is given to how your school will ensure pupils, parents, contractors, agency workers and other visitors are aware of the school’s zero tolerance towards sexual harassment. Look at how staff work and consider whether there are risk factors, for example, lone or isolated working could be a particularly prevalent risk. Consider work-based events and off-site work events and how you could clearly communicate your expectations around behaviour. There is no specific list of risks so it is important that you look at your organisation on an individual level and establish where you feel the risks lie and then what you will do to minimise them.
5. Action Plan
Having completed the above steps, schools should prepare an action plan. With the information gained, what changes does your school need to put in place?
Education: A significant part of any school’s action plan should be the education of staff. Staff should receive training on what sexual harassment is, confirmation of behaviour that it is not tolerated by the school, what to do should they witness or suffer sexual harassment and how the school will respond to this. Training should be provided on induction and regularly thereafter, Line Managers and senior leaders responsible for managing complaints should receive separate training to ensure they are equipped with the skills necessary to investigate and respond to sexual harassment complaints and are able to offer appropriate support and guidance.
Reporting Processes: Ensure that you have clear reporting process, this should include the different ways staff can report sexual harassment (in person, via email, via phone etc) and who they can report it to. We recommend having a number of dedicated “champions” who have been trained in how to receive a report of sexual harassment, so that staff have a number of people that they feel are approachable to them. Staff should then feel confident that this will be acted on and action taken.
Third Parties: Consideration should be given to how your school will ensure staff are protected from sexual harassment from third parties. This should include reviewing your curriculum and behaviour polices to ensure that pupils are appropriately educated on what might constitute sexual harassment, the school’s expectations of their behaviour and what the potential sanctions could be should they not meet these requirements. A clear message should be given to parents, guardians, carers and others visiting the school site regarding appropriate behaviour and what will not be tolerated Those visiting school or working at the school but supplied by external organisations such as agencies, should also be aware of the school’s zero tolerance approach towards sexual harassment. Schools should ensure agencies or other organisations sending staff to work at the school have their own sexual harassment policy in place which can be utilised should that staff member breach the school’s expected standards of behaviour.
Support: Ensure your school has support networks in place so that you can refer any person who has reported sexual harassment to an appropriate person or organisation should they feel that they need guidance, counselling or support.
Policies: Ensure that all appropriate school policies are reviewed and link back to and support your sexual harassment policy.
6. Processes
If a report of sexual harassment is received, ensure it is dealt with by someone appropriately senior who is trained in handling such complaints. Follow the school’s policy and investigate thoroughly and fairly. Once the process is complete a review of the school’s risk assessment document and policy should be done to ensure that it was adequate, ensure that any changes required are made and implemented quickly. Review all of the steps taken and consider whether changes need to be made – why did the harassment occur with all of the measures in place, could something additional have prevented it?
If you would like further advice around the new sexual harassment preventative duty or our recently launched model policy or risk assessment; or if you would like to discuss staff, leadership or governor equality training to include the new legal duties and responsibilities please contact the One Education HR team on 0161 276 0153.
Please complete the form below and we will get in contact as soon as we can to help you with your query.
