Implementing Anti-Harassment Policies

Employers have a legal duty of care to protect their employees from harm and are responsible for preventing bullying, harassment and discrimination at work.

From October 2024, the Equality Act will place greater responsibility on employers to take ‘reasonable steps’ to prevent sexual harassment at work. In order to prepare, employers should review relevant policies and processes to ensure they are robust and up to date. A general discrimination or harassment policy is unlikely to be enough to comply with the new duty. Employers are likely to need a standalone sexual harassment policy, giving examples of what sexual harassment is and outlining the specific responsibilities of each person for preventing it. The policy should be regularly reviewed and accessible to all staff.

For further reading on the upcoming changes in relation to sexual harassment at work, please read our blog.

Bullying and harassment, whether face-to-face, by letter, email, phone or social media, is behaviour that makes someone feel intimidated or offended. Harassment is defined under the Equality Act 2010 as unwanted behaviour related to a protected characteristic that violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment for them. These ‘protected characteristics’ or types of discrimination include age, disability, race, religion or belief, sex, sexual orientation, gender reassignment, marriage and civil partnership, and pregnancy and maternity.

Examples of harassment behaviour include:

• Making derogatory comments about someone’s race or gender
• Unwanted sexual advances or inappropriate jokes
• Mocking someone’s disability or religious beliefs

Bullying, although also an unwanted behaviour, is generally defined as behaviour that is intimidating, offensive, or malicious, and intended to undermine, humiliate, or injure the target. It can be subtle or overt and may involve actions like spreading rumours, unfair criticism, or exclusion from workplace activities. Bullying itself is not against the law, but bullying behaviour can be harassment if it relates to any of the above ‘protected characteristics’. Bullying that’s not classed as harassment could still lead to other legal action. For example, severe bullying might lead to action under Health and Safety law or contribute towards constructive dismissal.

Examples of bullying behaviour include:

• Putting humiliating, offensive or threatening comments or photos on social media
• Spreading malicious rumours
• Picking on or regularly undermining someone
• Excluding or ignoring others in the workplace on purpose
• Exclusion from social activities
• Unwanted physical contact

What is an anti-harassment policy?

While policies alone will not change the culture of a Company, it’s still important to have written policies and guidance.

An anti-harassment policy, also known as a bullying and harassment policy, communicates the Company’s stance on workplace bullying, harassment and inappropriate behaviour, what measures the Company takes to prevent it and outlines the procedure for reporting bullying at work. A well-communicated anti-bullying and harassment policy can help prevent problems, create a positive workplace environment where all employees feel safe and give employers a framework to follow should problems ever arise.

What should an anti-harassment policy include?

A well-designed policy is essential to prevent discrimination and harassment in the workplace. The policy should, for example:

• State the purpose of the policy and who it applies to.
• Clearly state the Company’s commitment to promoting dignity and respect at work.
• Give definitions and examples of what constitutes harassment, bullying and intimidating behaviour, including cyber-bullying, work-related events and harassment by third parties.
• Explain the damaging effects of harassment and why it will not be tolerated.
• State the consequences for participating in harassing behaviour, i.e. that it will be treated as a disciplinary offence where a case is proven.
• Describe how to get help if employees witness or experience harassment and how to make a complaint, informally or formally.
• Promise that allegations will be treated speedily, seriously and confidentially.
• Outline the process of how a harassment claim will be handled.
• Clarify the accountability of all managers and the role of trade union or employee representatives.
• Require supervisors/managers to implement policy and ensure it is understood.
• Emphasise that every employee holds responsibility for their behaviour.
• State when the policy will be reviewed and updated so it remains relevant and compliant with employment law.

How should the harassment policy be included in the employment contract?

The harassment and bullying policy can often be found in the employee handbook which will sit alongside the employee’s terms and conditions of employment. The employer can use it to manage situations within the workplace and help avoid disputes.

In the first instance, employees should try to deal with the problem informally if possible.

If this does not work or the complaint is very serious, a formal complaint may be made using the employer’s grievance procedure. If this does not work and the employee is still being harassed, they can take legal action at an employment tribunal.

Without effective monitoring and management, workplace bullying and harassment will negatively impact the company culture, the team’s performance, and the mental health of employees. It can also drive away top talent and tarnish a company’s reputation.

If you would like support in managing and resolving a harassment or bullying claim or would like help in creating an anti-harassment and bullying policy, please get in touch with us today.

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