A new duty to prevent sexual harassment in the workplace: What does it mean for employers?
As part of our Critical Mass work, we ask our Partners to share ‘what works’. This could be great programmes they’ve introduced in the gender equity space, or insight on how best to approach tricky environments. This is what Salli Shapcott had to say about the new duty to prevent harassment in the workplace.
By Salli Shapcott, Engineering & Asset Management Director, Serco
Having been a senior professional woman in the Defence sector for 20 years, including a role on the Women in Defence Charter Committee since its inception, I see an increased need for role models who promote an inclusive culture, are able to call out poor behaviour, have influence on organisational policy and to encourage forums to discuss and share best practice with others in the Defence Enterprise.
Over the past four years, as an active member of Women in Defence UK and of the Women in Defence Charter signatory, Serco has been proactively driving the agenda for increased diversity, equity and inclusion. Workplace culture is constantly evolving, and one critical area requiring attention is the prevention of sexual harassment in the workplace. With growing awareness, strengthened legislation (such as the Worker Protection Act 2023) and evolving government mandates, and societal expectations, organisations must adapt their policies and practices to foster a safe and respectful work environment. At Serco, we have viewed this increased scrutiny and the introduction of our enhanced harassment policy, process and procedures as not just a compliance requirement, but a proactive step toward strengthening employee protections. There changes support a more inclusive workplace culture, improve workplace morale and contribute to the overall organisational success.
It is important to note, I am not an employment lawyer, my comments below and the discussion I facilitated during the Critical Mass event are my own reflections as an operational leader of nearly 2,000 people with a desire to create the safest working environment for all.
Understanding Sexual Harassment in the Workplace
Sexual harassment is any unwelcome conduct of a sexual nature that creates a hostile, intimidating, or offensive work environment. It can take various forms, including verbal remarks, physical advances, inappropriate jokes, unwanted touching, or even online harassment. As a leader, we can often recognise overt forms of harassment , but there is an increasing complexity around how jokes and workplace banter can be perceived, particularly when intent is not malicious, but impact may be harmful.
For any organisations with gender diversity statistics, particularly those that highlight male-dominated working environments, there can be heightened risks related to workplace culture and inappropriate behaviour. While sexual harassment disproportionately affects women, it is important to recognise that it can impact individuals of any gender.
At Serco, we have been aware of these risks, which is why our Women in Defence Network established in 2019 has been actively driving efforts to increase gender diversity, foster an inclusive culture, and promote a safe and respectful workplace for all employees.
Key Provisions of the Legislative Changes
The Worker Protection Act 2023, which came into effect in 2024, introduces a positive duty for employers to actively prevent sexual harassment, including incidents involving third parties. Employers are now required to:
- Assess potential risks of workplace sexual harassment and implement preventative measures before incidents occur.
- Recognise that intent is not a defence – what matters is the impact on the individual experiencing the behaviour.
- Strengthen processes that enable employees to report concerns confidently and safely
- Understand that employment tribunals now have the authority to increase compensation by up to 25% if an employer is found to have breached this duty
- Be aware that the Equality and Human Rights Commission (EHRC) has the power to take enforcement against non-compliant employers.
The Serco approach to comprehensive risk assessment
As an organisation that operates in highly regulated and complex environments, assessing Health and Safety risks and implementing mitigations is our bread and butter. When it came to assessing sexual harassment risk, we applied the same rigorous approach. This enabled our teams to critically evaluate their workplace environments, and examine key areas of their operations and business structures through a risk-based lens, and then implement control measures to mitigate the risks effectively.
As an organisation, we have strong policies on bullying and harassment, a clear route for people to ‘speak up’, a clear Code of Conduct and policies on social media usage. However, we found this specific interaction with our teams, based on tangible assessment of risk really helpful. It also opens up the discussion then about how people can speak up locally where they are concerned and the practical mitigations that are needed, which vary by site to keep our teams safe. Somehow, in the context of some US firms pulling Diversity and Inclusion as an agenda item, and the increasing complexity of a gender debate where some men can feel excluded from the conversation, this has brought a practical and evidence-based activity which has been well received and supported.
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