Duty to prevent sexual harassment in the workplace

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Duty to prevent sexual harassment in the workplace

Key facts

Employers must take proactive, reasonable steps to prevent their employees’ sexual harassment during their employment. If an employer fails to comply with this new duty, an Employment Tribunal may award a higher level of compensation.
This new duty is in addition to the rights that everyone (not just employees) have under general duties of care, the Equality Act 2010, personal injury law, health and safety laws, The Protection from Harassment Act 1997 (which provides both criminal and civil remedies) and the Sexual Offences Act 2003 (if the individual has been sexually assaulted).
ACAS and EHRC have published helpful guidance.
We have published an employee policy and a general policy as a starting point.

Our sector, like many others, has long grappled with the issue of sexual harassment. From casting couches to inappropriate behaviour on set, the toxic culture that has persisted for far too long has caused immense harm to countless individuals.

It's time for change.

Why Prevention Matters

Sexual harassment not only inflicts emotional and psychological damage but also undermines the creative process and hinders the industry's overall progress. By taking proactive steps to prevent sexual harassment, we can create a safer, more inclusive, and more productive work environment for everyone.

The new rules mean that employers must take proactive, reasonable steps, and draft rules hint that the duty may change to taking “all” reasonable steps in a year or two. Best practice suggests that everyone should be treated equally to benefit from the same protection.

Not every organisation must take the same steps. The law recognises that each business must find its way to address the risk of harassment. The EHRC advises that when determining whether it is reasonable for an employer to take a step, relevant factors may include:

The size and resources of the employer.
The nature of the working environment.
The sector the employer operates in.
The risks present in that workplace.
The nature of any contact with third parties, for example, the frequency and location of contact.
The likely effect of taking a particular step and whether an alternative step could be more effective.
The time, cost and potential disruption of taking a particular step, weighed against the benefit it could achieve.
Whether concerns have been raised, or previous steps have proved to be ineffective.

So what five things could you focus on now?

Robust Policies and Procedures:
- Clear Policies: Develop (or review) comprehensive policies that explicitly outline what constitutes sexual harassment, the consequences of such behaviour, and the reporting procedures.
- Engagement, Training and Education: Raise awareness about sexual harassment and respectful workplace behaviour.
- Confidential Reporting Mechanisms: Establish confidential reporting channels where people can come forward without fear of retaliation.
Ethical Contracting Practices:
- Transparent Contracting Processes: Implement transparent contracting processes that prioritise talent and skill over personal relationships.
- Safe and Respectful Spaces: Ensure that work is conducted in safe and respectful environments.
Strong Leadership and Accountability:
- Leadership Commitment: Leaders in the industry must demonstrate a strong commitment to preventing sexual harassment and hold themselves and others accountable for their actions.
- Zero-Tolerance Policy: Implement a strict zero-tolerance policy for sexual harassment, ensuring that any reported incidents are investigated thoroughly and appropriate action is taken.
Bystander Intervention:
- Empowerment: Encourage individuals to intervene when they witness or suspect sexual harassment. Provide training on how to intervene safely and effectively.
- Complaints: Make sure everyone knows how to make a complaint and what will happen about each allegation.
Risk Assessments:
- Formal risk assessments: Include the risk of sexual harassment in assessments, documenting the steps taken to mitigate risks.
- Informal assessments: Make it easy for people to talk about their experiences and provide relevant feedback.

By prioritising prevention and fostering a culture of respect, we can create a screen industry where everyone feels safe, valued, and empowered to do their best work. It's time to break the silence, demand change, and build a future free from sexual harassment.

Do you have examples of good (or bad) resources or sources of information we can share? Would you like specific training to create a harassment policy or would something else be more helpful? Let us know.