How to Conduct a Sexual Harassment Risk Assessment in the Workplace

Understanding Your Legal Duty as an Employer

Worker Protection Act: Employers must engage with employees – Craven Consultancy Services

Employers have a legal obligation to take proactive steps to prevent sexual harassment in the workplace. A key part of meeting this duty is conducting a sexual harassment risk assessment to identify potential risks and implement preventative measures.

This guide outlines how businesses can effectively assess workplace risks related to sexual harassment, ensuring compliance with legal responsibilities and fostering a safe, respectful working environment. However, as risk levels vary depending on factors like company size, industry, and employee working conditions, seeking expert HR advice to tailor the assessment to your business is highly recommended.

Risk assessments

A risk assessment can help employers assess the risk of workers being exposed to sexual harassment in the workplace and determine reasonable steps that can be taken to minimise those risks. The Equality and Human Rights Commission’s (EHRC’s) technical guidance on sexual harassment and harassment at work states that factors that could be taken into consideration when conducting a risk assessment include:

power imbalances;
job insecurity;
lone working;
the presence of alcohol;
customer-facing duties;
events that raise tensions locally or nationally;
lack of diversity in the workforce; and
workers being placed on secondment.

This form provides an example of an organisation that has assessed various risk factors specific to their own organisation. Employers will need to adapt the form to meet their own specific needs and identify risk factors that are relevant to their organisation. The risk assessment should be reviewed and updated on a regular basis.

Step 1: Identify Potential Risk Factors

To start, examine your workplace and determine any factors that may increase the likelihood of sexual harassment occurring. Past incidents can serve as a reference point, but it’s important to consider all possible risks, including those that haven’t yet resulted in complaints.

Some common workplace risk factors to consider include:

Employees working alone or outside standard business hours.
Workplace environments where alcohol is frequently present (e.g., corporate events, hospitality settings).
Work-related social activities and events.
Workplace culture and industry norms.
Employees required to travel for work, especially overnight trips.
Power imbalances within the organisation, such as junior employees working closely with senior staff.
The presence of younger or more vulnerable employees who may face a higher risk.

Step 2: Implement Preventative Strategies to Reduce Risk

Once risks have been identified, the next step is determining the actions your business can take to mitigate those risks. The most effective measures will depend on the nature of your workplace and your workforce.

Some proactive strategies to help minimise the risk of sexual harassment include:

Creating a culture of respect and inclusion where inappropriate behaviour is not tolerated.
Educating & training for employees about what constitutes sexual harassment and how to report concerns.
Establishing clear policies on workplace behaviour, outlining expectations and consequences for misconduct.
Training managers and HR staff on handling complaints effectively and sensitively.
Providing appropriate support for individuals who report harassment.
Reducing high-risk work situations, such as avoiding isolated working conditions where employees are more vulnerable.
Ensuring employees working in higher-risk environments have immediate access to support or supervision.

Step 3: Determine What’s Feasible for Your Business

While businesses must take reasonable steps to prevent harassment, the specific measures implemented should align with the organisation’s structure, industry, and available resources.

Factors to consider when deciding which preventative actions are realistic and effective include:

The industry in which the business operates.
The physical work environment and employee interactions.
The size of the organisation and the level of resources available.
The cost-effectiveness of certain measures versus their potential impact.

Step 4: Put Preventative Measures in Place

Once the appropriate strategies have been identified, they must be formally implemented into the company’s policies and daily operations. This process should be ongoing rather than a one-time effort.

Key actions include:

Regularly communicating policies to all employees and ensuring accessibility.
Assigning responsibility for ongoing training and enforcement within the company.
Creating clear reporting mechanisms for employees to safely raise concerns.
Encouraging an open-door policy where employees feel comfortable discussing potential issues.

Step 5: Continuously Review and Update the Risk Assessment

Workplace risk assessments must be reviewed and updated regularly to remain effective. Changes in business operations, an increase in reported incidents, or shifts in workplace culture may require new preventative measures.

Indicators that it’s time to review your risk assessment include:

An increase in sexual harassment complaints or concerns from employees.
Opening a new office location or expanding the workforce.
Changes in workplace policies or industry regulations.
Feedback from employees suggesting areas for improvement.

Ensuring Compliance and Employee Wellbeing

Taking proactive steps to assess and prevent workplace sexual harassment is not just a legal requirement—it’s an essential practice for creating a safe, inclusive, and professional work environment.

If your organisation requires guidance on conducting an effective sexual harassment risk assessment, we can can provide tailored solutions to ensure compliance and best practices.

Investing in a robust prevention strategy protects both employees and the business, fostering a culture of respect and accountability.

Training

We recommend that employers provide regular training to all their staff so that they understand what sexual harassment looks like, their role in preventing it, and how they will be supported should an incident occur. Employers should also ensure they take steps to deal with third-party harassment such as putting reporting mechanisms in place or assessing high-risk workplaces where staff might be left alone with customers.

Everyone should be able to work without the fear of being sexually harassed. Taking the required steps is bound to reduce the number of such incidents with the added benefit of improving workplace culture and helping employees to flourish and fulfil their potential for everyone’s benefit.

By working with Craven, you’ll not only be complying with the Worker Protection (Amendment of Equality Act 2010) Act 2023, but also fostering a safer, more respectful working environment for your employees. We can help protect your organization from potential claims while promoting a proactive stance on harassment prevention.