The Equality and Human Rights Commission (“EHRC”) has published further guidance on the new duty on employers to take reasonable steps to prevent sexual harassment, which came into force on 26 October 2024.

We have commented on guidance from both ACAS and the EHRC here and here. The EHRC guidance – which is already comprehensive – has since been supplemented by a ‘checklist and action plan for employers’ which is intended to be used by organisations alongside existing HR policies.

The checklist was originally designed for the hospitality sector, but the EHRC explains that it can be adapted to suit other workplaces. It focuses on three main areas: (1) how to promote a culture of zero tolerance and communicate with staff that sexual harassment is taken seriously; (2) how to control the working environment to make it as safe as possible; and (3) working practices to make sure that organisations know when sexual harassment takes place and how to deal with it.

Whilst many of the recommendations mirror those in the EHRC’s previous guidance, there are more specific examples of steps organisations can take, including things like: considering whether a change in lighting and working patterns might make staff safer; putting posters and notices within sight of customers and clients to let them know that sexual harassment will not be tolerated; or paying particular attention to staff who may be more vulnerable, such as younger staff or those who do not speak English as a first language and therefore may not be as likely to report an incident.

The checklist itself contains a series of matters that all organisations should consider as part of their duty to prevent sexual harassment, including the following:

• Have you made sure that people who have control over staff hours and incentives do not abuse this power?
• Have you made sure that there are clear ways for staff to report sexual harassment and that they know whom they can go to?
• Do you know what to do if staff (including agency staff) come to you with an incident?
• Have you reiterated that you will not tolerate any form of sexual harassment and that leaders, managers or responsible people should be informed if an incident happens?
• Have you made sure that everyone has understood, especially those who might not speak English as a first language?
• Have you given staff the opportunity to raise any issues they have had, especially agency staff who may be likely not to return if they have been sexually harassed?
• Have you reviewed if and where there have been incidents and thought about what you can do to stop them happening again in the future?

The guidance also advises that organisations update an action plan that records what needs to take place to make the checklist part of their working practices. Equally, it provides template monitoring logs, one for daily use to monitor how the checklist is being used, and one to be filled out on a quarterly basis to record the effects of any actions taken by the organisations.

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