Cooking up a storm: why employers must act now to prevent sexual harassment

Posted: 11/12/2024

Recent allegations surrounding the MasterChef presenter, Gregg Wallace, have once again spotlighted the serious issue of sexual harassment and its repercussions for individuals and organisations. These headlines serve as a stark (and timely, given the approaching festive season) reminder that no company, regardless of its size or industry, is immune to the risks associated with inappropriate behaviour in the workplace or at work-related events.

Tempting as it may be for management simply to dismiss this as an ‘HR issue’, they should do so at their peril, as experience shows that, in reality, it is a matter of strategic importance, with implications for organisational culture, legal compliance, reputation, and, ultimately, financial performance. The stakes are high, and the time to act is now.

The employer’s duty of care: legal, ethical and reputational obligations

Since October 2024, employers have been subject to a positive legal duty to take reasonable steps to prevent sexual harassment in the workplace, including at work-related events. Failure to do so can result in significant legal penalties and reputational damage, both of which can affect shareholder value and stakeholder trust.

The festive season, while an opportunity for celebration, is also a period of heightened risk. Alcohol, relaxed settings and blurred boundaries can create conditions where inappropriate behaviour is more likely to occur. Employers must take proactive measures to mitigate these risks, setting the tone for what is acceptable behaviour and reinforcing a culture of respect.

Practical steps employers can take now

Assess and address organisational risk

• Conduct a culture audit and risk assessment to identify gaps or risks that could contribute to inappropriate behaviour.
• Take corrective action, such as revising policies or providing additional resources for employee well-being.

Reinforce a zero-tolerance culture

• Review policies: ensure that the company’s anti-harassment policies are robust, up-to-date, and clearly communicated to all employees.
• Set expectations: leadership should issue a message reinforcing the importance of respectful behaviour, particularly in the lead-up to festive events.

Provide comprehensive training

• For employees: educate staff on recognising and addressing inappropriate behaviour. Make clear what constitutes harassment and the consequences of such actions.
• For managers: train supervisors to identify potential risks and manage them effectively.

Plan work-related events with care

• Monitor alcohol consumption: implement measures like drink tokens or professional bartenders to manage alcohol use responsibly.
• Ensure inclusivity: design events that cater to diverse preferences and avoid activities that might alienate or marginalise certain groups.
• Appoint event monitors: assign discreet staff to observe behaviour and step in if necessary.

Strengthen reporting mechanisms

• Create a trusted system for employees to report concerns confidentially.
• Ensure employees know how to access these channels and feel confident that complaints will be taken seriously and handled sensitively.

Responding to allegations: swift, fair, and transparent action

If an allegation arises, the way it is handled will define how employees, stakeholders and the public perceive your organisation. Here are some key steps to manage allegations effectively:

Acknowledge and act immediately

• Engage both parties: provide immediate reassurance to the complainant that their concerns will be addressed seriously, while also protecting the rights of the accused to a fair process.
• Consider interim measures: if necessary, temporarily adjust working arrangements to protect the complainant and ensure a neutral environment.

Launch an impartial investigation

• Appoint an experienced, impartial investigator: if there is no-one internal, look externally to ensure neutrality.
• Gather evidence methodically and give both parties the opportunity to present their accounts.

Provide emotional support

• Ensure access to counselling or employee assistance programmes (EAPs) for all parties involved. This demonstrates a commitment to employee well-being and minimises disruption.

Take decisive action

• Based on the findings of the investigation, take appropriate, proportionate and timely action. Ensure outcomes are communicated transparently to the extent possible while respecting confidentiality.

Learn and improve

• Use the incident as a learning opportunity to address any systemic gaps in your organisation’s culture, policies, or training.

The cost of inaction

Employers must recognise that the consequences of ignoring these risks are profound. In addition to potential legal claims, mishandled allegations can affect:

• Reputation: publicised cases of harassment can damage reputation, eroding customer and investor confidence, as well as deterring top talent from joining the organisation.
• Employee morale: a workplace perceived as unsafe or unresponsive to complaints can lead to disengagement, higher turnover, and diminished productivity.
• Financial strength: legal costs, settlements, and the fallout from lost business opportunities can create significant financial strain on a business.

Responsible employers have the power to drive meaningful change. This festive season, organisations should ensure they celebrate their successes in a way that reflects their values. Take the steps above to prevent harassment, protect your people, and preserve your reputation, and you should have a recipe for success.

We are offering a free 15-minute telephone call to understand how prepared you are for the recently introduced duty to prevent sexual harassment and how we might be able to support you. Following this call, there are a number of ways in which we can help, depending on your needs and budget. These could include a round-table discussion, an audit of your policies and procedures, training for your staff, or advice on ongoing monitoring and compliance.

For further information, please contact Charissa Upton, Hester Jewitt or Paul Mander.

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