As a manager working in social care, have you had to deal with a sexual harassment allegation? Larger companies will have HR departments to offer support and advice; however, this is often not an option for smaller companies and stand-alone services. Yet under the Worker Protection (Amendment of Equality Act 2010) 2023, all employers must take reasonable steps to prevent sexual harassment of their employees.
What is sexual harassment?
According to Section 26 of the Equality Act 2010, sexual harassment is unwanted behaviour that violates someone’s dignity and/or creates an intimidating, hostile, degrading, humiliating, or offensive environment for someone, regardless of whether this was the intention of the perpetrator or not. Sexual harassment can be a one-off incident of a pattern of behaviour. Examples include inappropriate touching, jokes, gestures, suggestive remarks, and requesting sexual favours. These don’t have to occur in person but can be sent via email, texts, or social media. It also covers instances where a person is treated less favourably because they have been sexually harassed, whether or not they have rejected or submitted to the unwanted behaviour.
What does the 2023 law cover?
The 2023 law covers sexual harassment by:
- Other people at work.
- Third parties (e.g., customers and clients).
Protecting social care staff against sexual harassment
Given the employer’s duty to protect staff against sexual harassment, what can senior leaders and managers do to prevent such behaviour? First, it’s wise to complete an organisation-wide risk assessment to identify potential risks within a service. These risks may include lone working, cultural norms, diversity, contact with external particles, and social events involving colleagues. The assessment should also include ways of mitigating the identified risks to protect the workforce.
The service should also set expectations through company policy. This should include a zero-tolerance approach to sexual harassment, supported by adequate whistleblowing policies and staff training. Regular staff supervision and an open-door attitude will build trusting professional relationships within the staff team.
What if someone reports sexual harassment?
It’s your first duty to ensure their safety. Reassure them that their complaint will be treated fairly and sensitively. If HR support is available, involving them now would be advised. If you don’t have HR support, you may consider taking outside legal advice.
A thorough investigation should be completed by the most appropriate person (which may not be you), likely a senior staff member with the necessary skills. The investigation should remain confidential, and while it takes place, you should consider moving or suspending the alleged perpetrator. This ensures a fair investigation and protects both staff members.
When the investigation is complete, the investigating officer must follow the advice of the HR personnel or legal representative, ensuring compliance with company policy. The investigating officer will also need to consider potential external support for the complainant, such as counselling or police involvement, depending on their finding and the person’s wishes.
Whatever the outcome of the investigation, the service should seek to identify and apply any lessons learned from the process while implementing measures to reduce the risk of a similar incident occurring in the future.
Call W&P on 01305 767104
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