Understanding Third-Party Sexual Harassment in the EHRC’s Technical Guidance

What the EHRC Guidance Means for Employers

The Equality and Human Rights Commission’s (EHRC) technical guidance on preventing sexual harassment outlines a crucial aspect for employers: the duty to prevent sexual harassment by third parties. This is in addition to the duty to prevent sexual harassment among workers themselves.

Types of Third Parties

Sexual harassment by third parties can occur in many contexts and involve various individuals, including:

• Customers
• Clients
• Service users
• Patients
• Friends and family of colleagues
• Delegates at conferences
• Members of the public

Employer Responsibilities

Employers must take several steps to mitigate the risk of third-party sexual harassment:

1. Assess Risks: Employers should evaluate the risk of employees coming into contact with third parties and the likelihood of sexual harassment occurring in these interactions. This involves analysing different scenarios where employees might be vulnerable to harassment.
2. Implement Preventative Measures: Once risks are identified, employers should implement reasonable steps to prevent such harassment. This can include preventative sexual harassment training employees on how to handle potential sexual harassment situations, setting clear behavioural expectations for third parties, and establishing protocols for employees to follow if they feel sexually harassed.
3. Clear Reporting Mechanisms: Employers must have clear, accessible reporting mechanisms for employees to report incidents of third-party sexual harassment. These mechanisms should be well-publicised and ensure that employees feel supported and safe when making a report.
4. Swift Action and Support: When an incident is reported, employers must take swift and effective action. This includes addressing the behaviour of the third party, providing support to the affected employee, and reviewing policies and procedures to prevent future incidents.

Real-Life Example

Scenario: A nurse working in a hospital is repeatedly subjected to inappropriate comments and physical advances by a patient's family member.

Preventative Measures:

• Training: The hospital provides regular preventative sexual harassment training to all staff on recognising and dealing with harassment from third parties.
• Clear Policies: The hospital has a clear policy stating that sexual harassment by anyone, including patients and their families, will not be tolerated.
• Signage and Communication: Notices are displayed prominently throughout the hospital, informing patients and visitors of the hospital's zero-tolerance policy towards sexual harassment.

Response to Potential Incident:

1. Immediate Support: The nurse reports the incident to their supervisor, who immediately provides support, ensuring the nurse feels safe and supported.
2. Investigation and Action: The hospital conducts a prompt investigation, speaking with the nurse and other witnesses. They address the behaviour with the family member, making it clear that such actions are unacceptable and taking steps to prevent further interaction between the nurse and the harassing family member.
3. Review and Improve: The hospital reviews the incident to understand if there are additional measures they can implement to further protect their staff, such as enhanced security presence or additional preventative training sessions.

By taking these steps, the hospital not only complies with EHRC guidelines but also fosters a safer and more supportive working environment.

Conclusion

The EHRC’s guidance on preventing third-party sexual harassment is a critical reminder for employers to be vigilant and proactive. By assessing risks, implementing preventative measures, establishing clear reporting mechanisms, and responding swiftly and effectively to incidents, employers can create safer workplaces for their employees. This proactive approach is essential not only for legal compliance but also for maintaining a respectful and supportive organisational culture.

Employers must understand the importance of this duty and take the necessary steps to protect their employees from all forms of sexual harassment, ensuring a safe and respectful workplace for everyone.

For more detailed information, we encourage ALL employers to review the full EHRC technical guidance and integrate its recommendations into their organisational policies and practices.

EHRC technical guidance

At stopsexualmisconduct.co.uk, we specialise in helping companies mitigate the risks of sexual harassment within the workplace through our certified preventative sexual harassment training and expert policy writing services. Our team of industry experts, with a combined 90 years of experience spanning three decades, brings unparalleled expertise in all aspects of sexual harassment, misconduct, and assault prevention. We work closely with organisations to develop comprehensive, effective strategies that ensure compliance with EHRC guidelines and foster a safe and respectful workplace for all employees.

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Disclaimer

This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information info@stopsml.co.uk © 2024.

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