The Equality and Human Rights Commission (EHRC) has published new research examining the causes of workplace harassment and the measures employers can take to reduce the risk of it occurring.
The findings come at a particularly important time, as employers continue to prepare for the strengthened legal duties relating to sexual harassment and forthcoming reforms under the Employment Rights Act in relation to third party harassment liability.
Drawing on expert interviews and a rapid evidence review, the research provides valuable insight into the workplace factors most commonly associated with harassment, as well as the practical steps organisations can take to create safer and more respectful working environments.
What Increases the Risk of Workplace Harassment?
The research identified a number of workplace characteristics that may increase the likelihood of harassment occurring, including:
The EHRC also found that some groups experience sexual harassment at disproportionately higher rates than others. These include:
Whilst every school and trust is different, the research serves as a reminder that no organisation should assume it is immune from harassment risks. Understanding where vulnerabilities may exist is an important part of meeting legal obligations and creating a positive workplace culture.
Low Complaint Numbers May Not Tell the Full Story
One of the most significant findings from the research is the warning against treating low levels of reporting as evidence that harassment is not occurring.
The EHRC highlights that employees may choose not to raise concerns for a range of reasons, including:
For schools and trusts, this reinforces the importance of looking beyond formal grievances and complaints when assessing workplace culture and harassment risks.
Policies Alone Are Not Enough
The research suggests that the most effective organisations take a proactive and ongoing approach to preventing harassment, rather than relying solely on written policies.
According to the EHRC, employers should ensure that policies are:
Training was identified as a particularly important preventative measure. The research found that training is most effective when it is tailored to the organisation, delivered regularly and reinforced over time rather than being treated as a one-off exercise.
The report also highlights the effectiveness of "bystander training", which aims to help staff recognise inappropriate behaviour and intervene safely when concerns arise.
Leadership and Culture Matter
A key theme running throughout the research is the importance of organisational culture.
The EHRC found that workplace harassment is less likely to occur where:
The research also cites strong evidence that poor relationships between employees and their direct managers can increase the likelihood of workplace harassment occurring.
This places a significant responsibility on school leaders, headteachers, trust leaders and line managers to create a culture where dignity and respect are actively promoted.
Practical Recommendations for Employers
The research includes a number of practical recommendations that schools and trusts may wish to consider as part of their wider strategy for preventing harassment.
These include:
What Does This Mean for Schools and Trusts?
Although many schools and trusts already have policies addressing harassment, the EHRC's findings reinforce the importance of moving beyond compliance and focusing on prevention.
Employers should be asking themselves whether they can demonstrate that they are actively identifying risks, training staff appropriately, supporting managers and creating an environment where concerns can be raised safely.
This is particularly relevant in light of recent and forthcoming legal developments which place increasing emphasis on preventative action rather than simply responding once an incident has occurred.
Looking Ahead: Employment Rights Act Reforms
The publication of this research is especially timely given the changes being introduced through the Employment Rights Act reforms.
These reforms place greater focus on the steps employers take to prevent sexual harassment and will also introduce additional protections relating to harassment by third parties, such as parents, contractors, visitors, agency workers and other individuals who interact with staff.
For schools and trusts, this means that taking proactive steps to identify and address harassment risks will become increasingly important.
Clients who would like to explore these changes in more detail may find it helpful to revisit Episodes 4 and 5 of our Employment Rights Act series >>, where we examine:
Our View
The EHRC's research sends a clear message: preventing workplace harassment requires more than a policy sitting on a shelf. Effective prevention is driven by culture, leadership, communication, training and robust reporting arrangements.
As schools and trusts continue to prepare for the next phase of Employment Rights Act reforms, now is an ideal opportunity to review existing arrangements, assess organisational risks and ensure leaders and managers are equipped to create a safe, respectful and inclusive working environment for all staff.
Find out more about our Duty to Prevent Sexual Harassment On Demand Training >>