Awareness of workplace harassment has, without a doubt, increased in recent years. Thanks to campaigns such as the #MeToo movement and End Not Defend, conversations regarding workplace harassment including sexual harassment and a push towards safer workplaces has generated a big shift in attitudes amongst employees and employers alike.
According to recent statistics from CIPD (2024) 15% of employees experienced bullying, 8% experienced harassment, and 4% experienced sexual harassment.
While these numbers are improving there is certainly still work to be done. Particularly when you consider the number of workers who would think twice before reporting. As well as the 8% of employers who believe that their organisation is not doing enough to manage sexual harassment at work and the 9% that feel not enough is being done to prevent it.
Continue reading our blog to uncover your responsibilities as an employer in tackling workplace harassment and how you can support the mental health of your staff as you create a safer, more inclusive work environment.
The legal definition of workplace harassment
Workplace harassment is defined in three different ways under the Equality Act 2010. Dividing different types of harassment into categories.
- Harassment related to certain ‘protected characteristics’
- Sexual harassment
- Less favourable treatment of a person due to protected characteristic such as sex, age, disability
What does the law say?
The law states that unwanted workplace behaviour that violates a person’s dignity or creates a hostile environment is considered unlawful. Particularly in relation to protected characteristics as listed under the Equality Act 2010.
The list of protected characteristics includes:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership (in employment only)
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
In addition to this, separate legislation was introduced in 2024, making an employer responsible for taking reasonable steps to prevent sexual harassment in the workplace. This is defined as:
- Unwanted verbal, non-verbal, or physical conduct of a sexual nature, or
- Treating someone unfairly because they rejected or submitted to that conduct.
As an employer it is your duty to:
- Create a safe, respectable workplace for all employees
- Take reasonable steps to prevent harassment in the workplace
- Investigate complaints thoroughly and follow disciplinary procedures when they apply
The impact of harassment on employee mental health
Complaints of harassment and bullying at work can have detrimental effects on a person’s mental health. Making them feel self-conscious, lacking in self-confidence, de-motivated, and unwilling to enter the workplace.
If an employee encounters repeated bullying and harassment from another colleague or manager, they may feel they have no other option but to leave their job or take sick leave for mental health.
Not only does this impact the employee’s mental health but can impact staff retention rates and the culture of the workplace. To spot the signs of poor mental health in employees, read our guide for managers.
Your responsibilities as an employer
As an employer you have both a legal duty and a duty of care to prevent harassment in the workplace. Establishing anti-harassment policies, training staff, and enforcing proper procedures for handling complaints.
There are several steps you can follow to prevent workplace harassment and bullying:
1 – Develop clear policies
Robust HR policies should clearly outline your company stance on harassment. Making it clear for your employees to understand and follow. As with all HR policies, your harassment policy should be easily accessible and updated frequently to comply with employment laws.
2 – Implement workplace harassment training programs
Using in-person training and workshops or online workplace training courses, you can train all your staff from managers to juniors on exactly what harassment is and how to prevent it. For managers, this type of training is incredibly valuable, if staff members are likely to report examples of workplace harassment directly to them.
3 – Educate your staff on how to report cases of harassment
Despite efforts to prevent harassment, there’s a chance it may still occur. Which is why having a process for staff to report complaints of harassment is essential. Providing a safe and easy step-by-step guide for employees to follow is the easiest way to ensure that all complaints, no matter how serious, are reported and documented.
4 – Introduce a no-tolerance policy within onboarding processes
By introducing a no-tolerance HR policy as soon as new starters begin working with the company you can stamp out negative behaviour and instil a culture of respect within your growing workplace.
5 – Enforce strict processes for handling complaints of harassment
Dealing with complaints seriously is just as important as preventing them from happening. Enforcing strict processes and handling complaints by following a proper investigation and disciplinary process will highlight to your staff just how seriously you take complaints of harassment.
Create a safe, inclusive and respectful workplace for the future of work
As Gen Z take their seats in offices and boardrooms the workplace is changing. With attitudes towards work and the workplace adapting to the needs of Gen Z employees.
According to research from Deloitte, Gen Zers highly value empathy in their bosses and 28% say they struggle with their mental health because of their boss. To attract and retain top talent amongst the youngest workforce, it is imperative to adapt your approach to handling issues like harassment and bullying in the workplace. Prioritising employee wellbeing but also complying with employment laws.
Get in touch with our team to see how we can support your workplace with bullying and harassment training, and ensuring a safe and compliant environment for employees.