We’re fast approaching a year since the Worker Protection Act introduced the proactive duty for all employers to take reasonable steps to prevent sexual harassment at work.
Despite this, many organisations are still leaving themselves exposed – recent stats show that over 40% of employers are yet to carry out a sexual harassment risk assessment, and 22% of those that have aren’t confident it’s valid.
A risk assessment isn’t a box-ticking exercise – it carries real consequences. Successful sexual harassment claims can already attract uncapped compensation, and if you can’t show you’ve taken reasonable steps under the new duty (like conducting risk assessments), tribunals can apply a further 25% uplift to any compensation. Add that to potential reputational damage, reduced morale, and lost employee trust, plus a 39% rise in calls to ACAS about sexual harassment, the risks are clear and increasing.
What should a robust risk assessment cover?
Every organisation’s sexual harassment risk assessment will look slightly different depending on its size, sector, workforce, and working environment, but a robust and compliant sexual harassment risk assessment should cover…
Identifying hazards – think about low diversity, hierarchical structures, organisational culture, social and physical environments, virtual working, travel arrangements and third-party interactions (to name a few!).
Who’s at risk and how – consider vulnerable employees and scenarios that increase the risk of sexual harassment, including high-pressure environments, travel, client-facing work, personal relationships, social settings, and work events.
Existing controls in place – review your policies, training, reporting mechanisms, and any measures already in place to identify what’s working, what’s not and what might be missing.
Action plans – where you identify gaps or further risk mitigation required, outline further steps needed, assign responsibilities, and set review dates to ensure continued accountability.
Regular review – a risk assessment isn’t a one-off. It should be a living and breathing document. Review it regularly and update it based on new risks, incidents, or organisational changes.
Need help with a risk assessment?
You’ll find a robust and compliant sexual harassment risk assessment template on our Intelligent Employment document platform – click here to access.
Don’t yet use Intelligent Employment? Get in touch to have a chat about how it can help you to comply with the new sexual harassment duty and beyond!
Have you also rolled out sexual harassment training?
Over 30% of organisations are yet to roll out training on preventing sexual harassment at work. Training is a key step in meeting the new duty.
Investing in meaningful, engaging learning that equips employees to recognise, challenge, and report inappropriate behaviour will make sure the learning sticks. We’ve developed eLearning that goes beyond compliance and has now been used to train over 100,000 employees! Book a demo or speak to us about a review of your current training.
This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
