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Don’t Get Caught Out: Employers need a Checklist and an Action Plan

21.11.24

The Equality and Human Rights Commission’s (EHRC) new Checklist and Action Plan for Employers highlights a crucial shift in workplace harassment prevention: from reactive measures to a proactive duty and suggests some practical steps for employers to take. This proactive duty mandates that employers take all reasonable steps to prevent sexual harassment and harassment related to protected characteristics.

This article highlights the checklist’s principles, its roots in the hospitality industry, and some practical strategies for adapting it to other sectors, including light industrial, manufacturing, retail, and office-based work, by way of example.

The checklist was published on 12 November 2024 and is additional to the Technical Guidance and the Employer 8-Step Guide to prevent sexual harassment at work already produced by the EHRC

Why Employers Must Act Now

The Worker Protection (Amendment of Equality Act 2010) Act 2023, effective from October 2024, underscores employers’ liability for workplace harassment. Under this legislation:

• Employers must proactively prevent harassment of workers, including third-party harassment by customers or clients.
• Failure to comply can result in enforcement action by the EHRC or increased compensation in tribunal claims (potential 25% uplift)

Employers across all industries must integrate these principles into their workplace cultures to reduce legal and reputational risks while safeguarding employee wellbeing.

It is crucial to understand that the EHRC’s checklist and action plan sets out a pathway to assist compliance with the new proactive duty, but compliance is far from being a ‘tick box’ exercise. There is far more to it than drawing up policies and providing some training. The legislation is intended to prompt a workplace culture change that will require action and constant review.

Key Principles of the EHRC Checklist

Originally tailored for the hospitality sector, where risks often involve alcohol, direct customer interactions, and late-night shifts, the checklist requires careful and thoughtful adaptation for other industries. Each employer needs to consider the particular risks posed to its staff.

The checklist is structured around three main areas:

1. Communicating with Staff:
   1. Promote a zero-tolerance culture.
   2. Regularly reinforce sexual harassment policies.
   3. Ensure staff know how to report incidents​
2. Changing the Working Environment:
   1. Address environmental factors like lighting, solitary shifts, or isolated spaces.
   2. Regularly assess risks to identify vulnerabilities​
3. Working Practices:
   1. Develop clear policies on reporting, escalation, and consequences.
   2. Monitor and adapt practices based on ongoing feedback​.

Adapting the Checklist Beyond Hospitality

When adapting the checklist for a specific business thought needs to be given to how the business works and who will be using the checklist. How will it work in that business in order to ensure compliance with the proactive duties? Thought will also have to be given to the types of support that staff might require in order to use the checklist effectively. By way of example only, the following are some considerations that might apply in a range of other types of workplace

1. Light Industrial and Manufacturing Workplaces
   1. Risk Factors:
      1. Power imbalances in supervisory roles.
      2. Isolated or unsupervised work environments, such as warehouses.
      3. Shared washing or changing facilities.
      4. Limited communication between shifts.
   2. Practical Adaptations:
      1. Training: Train supervisors to recognise and address harassment risks in shift assignments.
      2. Environmental Changes: Improve lighting in warehouses and isolated areas.
      3. Monitoring: Use shift logs and incident reports to track harassment concerns.
2. Retail Workplaces
   1. Risk Factors:
      1. High customer interaction, including potential third-party harassment.
      2. High numbers of younger, part-time, or temporary staff who may feel less empowered to report issues.
   2. Practical Adaptations:
      1. Customer-Facing Policies: Display visible anti-harassment notices at the premises.
      2. Shift Pairing: Ensure employees are never left alone in high-risk areas, such as fitting rooms.
      3. Anonymous Reporting: Introduce mobile-friendly reporting platforms for quick access.
3. Office-Based Workplaces (Service Sector)
   1. Risk Factors:
      1. Misuse of online tools (e.g., email, chat platforms).
      2. Blurred boundaries during after-hours social events or client meetings and events.
   2. Practical Adaptations:
      1. Policy Enhancements: Clearly define harassment in virtual settings and train staff on acceptable digital communication.
      2. Workplace Design: Arrange desks and communal spaces to enhance visibility and accessibility.
      3. Social Event Protocols: Establish guidelines for conduct during off-site events.

Actionable Steps for Employers

1. Develop Tailored Policies:
   1. Use examples specific to your sector, such as harassment scenarios in manufacturing lines or retail checkout counters.
2. Embed Harassment Prevention in Daily Practices:
   1. Incorporate reminders in shift briefs or team meetings.
   2. Schedule regular risk assessments to evaluate environmental and procedural gaps.
3. Invest in Training:
   1. Provide training tailored to different roles, ensuring inclusivity for employees with diverse linguistic or cultural backgrounds​.
4. Introduce Centralized Monitoring Systems:
   1. Use monitoring logs and quarterly reviews to track incidents, identify patterns, and evaluate the effectiveness of measures​.
5. Foster a Reporting Culture:
   1. Ensure multiple, accessible reporting options (e.g., HR hotlines, anonymous apps).
   2. Regularly communicate the outcomes of reported incidents to build trust.
   3. Embed early resolution processes such as workplace mediation.

Evaluating Effectiveness

Monitoring and evaluating preventive measures is as important as implementing them. Employers should:

• Collect feedback through surveys and one-on-one interviews.
• Compare incident trends before and after interventions.
• Involve staff representatives in periodic reviews​.

Conclusion: A New Era of Responsibility

The EHRC checklist is merely a guide for helping employers to comply with their proactive duty to take all reasonable steps to prevent harassment. It provides useful practical considerations, but each employer must assess its own risk profile for its business and should tailor the checklist and action plan accordingly. The fact that it was originally designed for the hospitality industry means that more extensive adaptation may be required to meet the needs of other industries which may give rise to different risk situations for staff.

By prioritising proactive measures and tailoring them to unique workplace risks, businesses can mitigate harassment, safeguard their reputations, and contribute to a healthier workplace culture.