How to handle a sexual harassment complaint fairly
Tools & Resources
Sexual harassment continues to be a serious workplace issue that can have a significant impact on people's wellbeing, confidence and careers. Employers have a legal responsibility to take complaints seriously and respond appropriately.
Recent changes in employment law have also increased the focus on prevention, with organisations expected to take proactive steps to reduce the risk of harassment occurring in the first place. Creating a culture where people feel safe, respected and able to speak up is essential.
Michelle Hobson, HR services director at Moorepay, explains how employers can handle sexual harassment complaints fairly and effectively.
Understanding sexual harassment and its signs
Sexual harassment – deemed unlawful under the Equality Act 2010 – can be defined as any unwanted behaviour of a sexual nature that violates someone’s dignity or creates a hostile, intimidating, or offensive work environment. It comes in various forms, from inappropriate verbal comments and suggestive jokes to unwelcome advances and explicit messages. The signs of sexual harassment can be subtle, but it's important to be aware of them.
These signs may include:
- Unwelcome advances: Unwanted physical contact, such as touching, hugging, or kissing, without consent.
- Inappropriate comments: Sexually suggestive comments, jokes, or remarks about an individual's appearance, body, or clothing.
- Sexual coercion: Pressuring an individual into sexual activities in exchange for job benefits or protection from adverse consequences.
- Hostile environment: Creating an atmosphere of discomfort through the display of sexually explicit materials, offensive language, or degrading behaviour.
- Cyber harassment: Sending explicit or offensive messages, images, or videos via digital communication channels.
- Retaliation: Punishing or mistreating an individual for reporting or speaking out against sexual harassment.
Handling a complaint effectively
Clear and consistently applied policies and procedures will underpin an effective response. When a sexual harassment complaint is brought to your attention, it is crucial to respond promptly, compassionately, and effectively.
Here are the steps that should be taken to handle the complaint properly:
1
Listen actively:
When someone comes forward with a complaint, provide a safe and confidential space to share their experience. Listen actively, without interrupting, and validate their feelings.
2
Take immediate action:
Once a complaint is received, take immediate steps to ensure the safety and wellbeing of the complainant. If the complaint involves ongoing harassment, consider temporarily separating the individuals involved to prevent further discomfort.
3
Document everything:
Maintain accurate and detailed records of the complaint, conversations, and actions taken. This documentation is crucial for maintaining transparency and accountability throughout the process.
4
Conduct a thorough investigation:
Investigate the complaint impartially and thoroughly. This might involve interviewing the complainant, the accused, and any potential witnesses. Ensure that the investigation is fair and unbiased.
5
Respect confidentiality:
While transparency is important, respect the privacy and confidentiality of all parties involved. Share information on a need-to-know basis and avoid gossip or unnecessary dissemination of details.
6
Offer support:
Providing support to the complainant is essential. Offer resources such as counselling services or employee assistance programs to help them cope with the emotional impact of the situation.
7
Implement corrective actions:
If the investigation confirms the occurrence of harassment, take appropriate corrective actions. This could range from counselling and training for the offender to more severe measures like suspension or termination, depending on the severity of the offence.
8
Prevent retaliation:
Make it clear that retaliation against the complainant is unacceptable and will be dealt with seriously. Encourage open communication and ensure that the work environment remains safe for all employees.
9
Educate and train:
10
Review and learn:
After the complaint has been resolved, take the time to review the handling of the case. Assess what went well and what could be improved for the future. Learning from each case and a willingness to review your policies and procedures are essential for continuous improvement.
Prevention matters as much as response
Handling complaints fairly is essential, but employers should also focus on preventing harassment from occurring in the first place.
Practical measures may include:
- Regular risk assessments
- Clear anti-harassment policies
- Manager training
- Accessible reporting channels
- Periodic policy reviews
- Action plans for higher-risk working environments
Taking proactive steps can help employers create a safer workplace while demonstrating their commitment to employee wellbeing and inclusion.
Take a zero-tolerance approach
Every employee deserves to work in an environment where they feel safe, respected and supported. Organisations that respond promptly to concerns, encourage people to speak up and take proactive steps to prevent harassment are better placed to build positive workplace cultures and reduce risk.
By combining effective complaint handling with a strong focus on prevention, employers can create workplaces where everyone can thrive.
Next steps…
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Join Moorepay's webinar on the Employment Rights Act sexual harassment reforms for practical guidance on what employers need to know and how to prepare.
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Looking to reduce the risk of complaints arising in the first place? Read our guide on preparing your business for stronger workplace harassment protections.
- Get 15% off all HR, health and safety and employment law support with Croner.