Time to step up: onus on employers to stamp out sexual harassment at work

HR software and eLearning content provider Ciphr has relaunched its ‘sexual harassment training course’, ahead of the introduction of the Worker Protection (Amendment of Equality Act 2010) Act 2023, which comes into force this weekend (on 26 October).

HR software and eLearning content provider Ciphr has relaunched its ‘sexual harassment training course’, ahead of the introduction of the Worker Protection (Amendment of Equality Act 2010) Act 2023, which comes into force this weekend (on 26 October).

Ciphr’s eLearning content is powered by Marshalls, which became part of the company in 2023. Its newly updated sexual harassment training is designed to complement and draw attention to organisations’ anti-sexual harassment policies, and their procedures for reporting and dealing with harassment complaints. The training covers the latest legislation and equips staff with a thorough understanding, with situational examples, about what constitutes sexual harassment, how to recognise and report it – as a victim or witness, and how to get support or take action to prevent this unlawful behaviour in the workplace.

To help steer employers, the Equality and Human Rights Commission (EHRC) recently released new technical guidance on harassment and sexual harassment at work. This includes an Employer 8-step guide that outlines some of the key measures that organisations need to have in place, if they haven’t already.

Some of these steps include maintaining up-to-date sexual harassment risk assessments, reviewing and communicating anti-sexual harassment policies, enabling confidential reporting, and implementing robust complaints and investigation procedures. The EHRC also advises employers to ensure that their employees receive regular, meaningful training on the three types of harassment, including, specifically, sexual harassment, and victimisation, to help prevent it from happening.

Employers that don’t provide their workforce with dedicated training on this, or haven’t updated their training for some time, are unlikely to be able to show that they have taken ‘reasonable steps’ to prevent sexual harassment occurring ‘in the course of employment’. Aside from the ethical imperative to comply, organisations found to breach this new legal duty could potentially face enforcement action and fines from the EHRC, as well as a 25% statutory uplift to compensation awarded in sexual harassment claims at employment tribunals. Reputational damage could also prove costly.

Ann Allcock, head of diversity at Ciphr eLearning (formerly known as Marshalls), says:

“Employers must take note of the new legislation on sexual harassment. It introduces a requirement for all employers, without exception, to consciously take best practice steps to reduce the risk of sexual harassment occurring in the first place, as well as strengthen their procedures for reporting and handling complaints to safeguard and support employees.

“Organisations with front-line and customer-facing staff also need to consider situations in which employees could be at risk of sexual harassment from third parties and act, where needed, to minimise that risk. 

“The sexual harassment law is an important step towards stamping out sexual harassment at work. The time for tolerating such behaviours is long over, and it’s vital that employers focus their efforts on fostering a speak-up workplace culture that understands, respects, and values each employee.”

Allcock adds:

“Ciphr’s sexual harassment eLearning course provides a convenient and sustainable solution to help employers take one of the ‘reasonable steps’ required by the Worker Protection Act. In other words, to train employees on the nature of sexual harassment and their rights and responsibilities at work. It combines information with instruction and interactivity and is also lightly customisable – enabling organisations to add details about their own policies, procedures, reporting channels and sources of support. Thousands of employees across the UK have already completed this training.”