Home Care Providers: Essential Update on Sexual Harassment at Work

New Legal Duty

From October 2024, the Worker Protection Act (amendment of Equality Act 2010) will introduce a new duty on employers to take reasonable steps to prevent sexual harassment, shifting the focus from merely providing redress to actively preventing harassment. This new duty emphasises the need for a comprehensive and clearly defined policy that not only outlines unacceptable behaviours but also provides clear procedures for reporting and addressing incidents. 

By updating or developing your sexual harassment policy, you demonstrate your commitment to fostering a respectful and safe work environment, ensuring legal compliance, and protecting both your employees and your organisation from potential legal repercussions. Creating a robust policy is crucial in maintaining a positive workplace culture and upholding the dignity and well-being of every employee.

 

Feel free to copy this template and adjust to your organisation's requirements: 

Sexual Harassment Policy Template

  1. Purpose and Commitment

Purpose Statement:
The purpose of this policy is to demonstrate our commitment to preventing sexual harassment in the workplace and to ensure all employees understand their rights and responsibilities.

Commitment to a Safe Workplace:
At [Your Company Name], we are dedicated to providing a work environment free from sexual harassment. We aim to create a respectful and safe workplace for all employees. By working together, we can prevent sexual harassment and address any issues effectively, maintaining a positive and supportive workplace culture.

  1. Definition of Sexual Harassment

Comprehensive Definition:
Sexual harassment, as defined by the Equality Act 2010, includes but is not limited to:

  • Unwanted sexual advances, propositions, or demands for sexual favours.
  • Inappropriate comments about a person’s body, appearance, or sexual orientation.
  • Offensive jokes, slurs, or derogatory remarks about someone's gender or sexual orientation.
  • Unwanted or inappropriate touching, including hugging or kissing.
  • Sending or sharing sexually explicit messages or images.
  • Making lewd gestures or staring in a suggestive manner.
  • Displaying or sharing vulgar materials, including pornography.
  • Intrusive questioning about someone's sex life or personal relationships.
  • Spreading sexual rumours or gossip about a person.
  • Using sexual slurs or derogatory terms.
  • Engaging in suggestive or inappropriate conversations or sharing sexual content without consent.

Sexual harassment is illegal and can occur even if the conduct is not directed specifically at the victim. All employees, regardless of their length of service, are protected.

  1. Preventive Measures

Policy and Training:

  • Policy: This policy outlines what constitutes sexual harassment, our commitment to preventing it, and the procedures for reporting and addressing it.
  • Training: All employees will undergo mandatory training on sexual harassment, including its definition, prevention strategies, and reporting procedures. Training will be refreshed annually to ensure ongoing awareness.

Creating a Respectful Environment:

  • We promote a workplace culture of respect and inclusivity. All employees are expected to model respectful behavior in all interactions and communications.
  • Communication channels for reporting harassment are clearly outlined. Employees should feel confident and supported when raising concerns.
  1. Reporting and Investigation Procedures

Reporting Process:

  • Employees who experience or witness sexual harassment should report it promptly using the established channels. Contact [Designated Contact Person/Role] at [Contact Information] for assistance.
  • Reports can be made in person, by email, or via our confidential reporting system.

Investigation Process:

  • Upon receiving a report, we will conduct a thorough and impartial investigation. This includes interviewing the complainant, the alleged harasser, and any witnesses, and reviewing relevant evidence.
  • We will ensure confidentiality and protect the complainant from retaliation.

Support and Protection:

  • Support services, including confidential counseling, are available for those affected.
  • Interim measures, such as adjustments to work assignments or schedules, may be implemented to ensure the complainant’s safety during the investigation.
  1. Responsibilities

Staff Responsibilities:

  • All employees must maintain professional conduct and treat colleagues with respect and dignity.
  • Report any incidents of harassment and support colleagues who may be experiencing it.

Manager Responsibilities:

  • Managers are responsible for implementing and enforcing this policy. They must take immediate action if they become aware of any harassment and promote a culture of respect within their teams.

Training Manager Responsibilities:

  • The Training Manager is responsible for ensuring that all staff receive up-to-date training on the sexual harassment policy annually.
  1. Monitoring and Review

Monitoring:

  • We will conduct regular employee surveys to assess the workplace environment and identify areas of concern related to harassment.
  • Feedback mechanisms will be provided for employees to share their experiences and suggestions for improvement.

Review:

  • This policy will be reviewed and updated periodically to ensure its effectiveness and compliance with current legislation.
  1. Contact Information

Designated Contacts:

  • Care Manager: [Name] - [Email]
  • Care Director: [Name] - [Email]
  • Additional contacts can be provided as necessary.

External Support Organisations for Sexual Harassment

  1. Acas (Advisory, Conciliation and Arbitration Service)
    • Website: Acas
    • Phone: 0300 123 1100
    • Email: use the contact form on their website
  2. Equality Advisory and Support Service (EASS)
    • Website: EASS
    • Phone: 0808 800 0082
    • Email: adviceline@equalityadvisoryservice.com
  3. Citizens Advice
    • Website: Citizens Advice
    • Phone: 0800 144 8848
    • Email: use the contact form on their website
  4. The Sexual Harassment Support Network
    • Website: SHSN
    • Phone: 0800 093 5358
    • Email: info@shsn.org.uk

Looking for More Support and Resources?

For more information and additional resources on developing a robust sexual harassment policy, we invite you to join the Care Begins at Home Facebook group. This community supports those involved in home care, whether professionally or personally, and offers valuable insights, support, and templates to help ensure a safe and respectful environment for everyone involved. Join us today and stay informed!