Bullying, sexual harassment and discrimination at work – how to embed a ‘prevention not cure’ approach

This ‘prevent’ duty is set to be strengthened in October this year and from that date employers will be obliged to take “all reasonable steps” to prevent workplace sexual harassment. 

As a result of these changes, it is no longer acceptable simply to consider changing workplace culture only if and after an incident is reported by a member of staff. Companies must instead anticipate and avert scenarios in which employees might potentially be subject to sexual harassment.

Although the recent legal developments specifically target sexual harassment, the message resonates more broadly: employers should treat all forms of bullying, harassment and discrimination as preventable workplace harms and they should take proactive and comprehensive measures to prevent and address these issues effectively. 

Annie Gray: "Going ‘above and beyond’ to foster a psychologically safe workplace is good for people, good for your reputation, and good for business."

The challenge is clear: How do we create workplaces where these behaviours do not go unpunished if they are found to exist but, more importantly, do not have a chance to occur in the first place? 

Embedding a number of key steps into workplace protocols will help you create a strong foundation for responding robustly to your legal duties and ethical responsibilities as an employer. Done thoroughly and comprehensively, it will also deliver a clear indication of what constitutes acceptable, and unacceptable, workplace behaviour, and serve as a strong deterrent to potential ‘bad apples’.

Develop and implement policies

Clear workplace policies drive positive action. It is essential to develop clear – and regularly updated – policies addressing bullying, sexual harassment and discrimination. 

These policies should define unacceptable conduct, outline reporting mechanisms, specify disciplinary procedures and emphasise your zero-tolerance approach. 

Policies should also cover harassment by third parties, such as customers or contractors, and provide guidance on addressing such incidents. 

Proactive communication is crucial – policies that are buried in handbooks can be more easily forgotten or ignored. They should be highly visible, so maximise use of platforms such as intranets, onboarding packs and team meetings. 

Training and awareness 

Employers must provide mandatory training to all staff on the standards of behaviour expected in the workplace, the law concerning sexual harassment and how to report incidents. 

Ensure training is tailored to different levels of seniority and workplace roles. Managers should receive additional training on handling complaints effectively, while general staff training should cover how to identify and report inappropriate behaviour. 

It ought to go without saying that training should be thorough and not merely a box-ticking exercise. It should be part of staff inductions and refreshed at least annually.
 
Encourage reporting and provide support 

An employee who does not feel safe reporting incidents is far less likely to do so.
To take an example relating specifically to sexual harassment, in a recent survey of 300,000 female members by the cross-sector workers’ union Unite, almost three-quarters of respondents said they did not report incidents – many because they were worried they would not be believed or it would put their job at risk. 

To pre-empt such fears, employers should establish multiple reporting channels to ensure employees feel safe reporting any incidents of bullying, sexual harassment or discrimination. 

Support mechanisms, such as counselling and employee assistance programmes, should be made available to complainants and alleged perpetrators. 
Consider providing additional support such as trained mental health first aiders, opportunities for mediation (where appropriate) and temporary adjustments to work arrangements, if needed. 

Employers should also take steps to prevent victimisation or retaliation against those who report sexual harassment or any other form of discrimination.

Examples of victimisation include being demoted or denied a promotion, unfair dismissal, having hours or working conditions unfairly changed, ostracisation or social exclusion, and facing unwarranted disciplinary action or criticism after making a complaint or supporting a colleague’s complaint.

Assess and reduce risks

Conducting risk assessments to identify areas of vulnerability where sexual harassment could arise and implementing measures to mitigate risks, such as setting behaviour standards for work-related social events, or introducing panic buttons, can prevent harassment and bullying. This preventative, risk-based approach helps employers spot issues before they escalate.

Take appropriate action

Employers should investigate complaints thoroughly and take disciplinary action against perpetrators when necessary. Take care to conduct investigations promptly and impartially. 

In cases of third-party harassment, actions such as banning the perpetrator or terminating business relationships may be appropriate. 

Monitoring and reviewing policies 

A sexual harassment policy or anti-harassment and bullying policy, as well as other related policies, are not ‘set-and-forget’ documents. Company policies and procedures should be regularly reviewed for effectiveness. 

Ensure policies are accessible to all employees, including agency workers and casual workers. 

A workplace culture that resists bullying and harassment is constantly evolving. Regular reviews will ensure strategies stay aligned with both the law and the lived reality of your workforce.
 
Complying with legal obligations 

Employers must ensure they meet their legal duties under the Equality Act 2010, which prohibits harassment related to protected characteristics, and the Worker Protection (Amendment of Equality Act 2010) Act 2023, including taking all reasonable steps to prevent sexual harassment from occurring, and maintaining a safe work environment. 
Legal compliance should be a starting point, not the end goal. 

Leading by example

The push for prevention is not just a legal requirement – it is also a leadership issue. 
Boards and senior leaders must model respectful behaviour, allocate resources and hold managers accountable for building inclusive cultures. Line managers, in turn, must lead by example, be trained to spot problems early, and deal with issues promptly and fairly.

The most effective organisations do not wait for a tribunal claim or viral social media post to take action – they build proactive systems, listen to their people, and foster a workplace where everyone feels safe and valued. 

By implementing comprehensive and robust measures, businesses can foster a workplace culture that prioritises equality, diversity and inclusion while minimising legal risks associated with bullying, sexual harassment and discrimination. 

Going ‘above and beyond’ to foster an inclusive, respectful, and psychologically safe workplace is good for people, good for your reputation, and good for business. 

Checklist: are you prevention-compliant? Do you have the following? 

• Up-to-date policies on bullying, harassment and discrimination
• Mandatory training for all staff and managers regarding sexual harassment
• Multiple, safe reporting channels for sexual harassment complaints
• Support systems, like Employee Assistance Programmes and mental health services, if appropriate and feasible
• Risk assessments covering sexual harassment 
• Responsive investigation and disciplinary processes
• Regular policy and culture reviews
• Senior leadership buy-in and accountability
• Regular reviews of third-party contracts to ensure preventative sexual harassment provisions are included.
  
  Annie Gray is a partner in the Employment Team at Schofield Sweeney law firm. She acts for organisations and schools, offering expertise and advice on a range of employment law matters. For more information, see:
  schofieldsweeney.co.uk/our-expertise/employment-law/ 
  E. [email protected]