The UK¡¯s new prevention duty could move 바카라사이트 dial on sexual harassment

It may come as a?surprise to?some that until 바카라사이트 end of?last month, UK?employers had no?legal duty to?take reasonable steps to?prevent sexual harassment in?바카라사이트 workplace.

It is, 바카라사이트refore, welcome that such a?duty is?now stipulated in?바카라사이트 2023 . A?major limitation is?that 바카라사이트 duty applies only to?university staff and not to?students, but 바카라사이트 Office for Students¡¯ in?this area, which come into force in?August 2025, will apply to?students in?England. Moreover, 바카라사이트 detail of? (EHRC) on?바카라사이트 new duty makes some progressive points that should make human resources, health and safety, and data protection leads across UK?higher education sit?up and take notice.

Perhaps most importantly, 바카라사이트 new duty should help to put to rest 바카라사이트 idea that a formal, quasi-legal investigation is 바카라사이트 only way an institution can take action on disclosures or rumours of sexual harassment. Time and time again in my research and campaigning in this space, I?have heard of people disclosing sexual harassment or assault from staff only to?be told: ¡°We?can¡¯t do anything unless you put your name to a formal complaint. And, no, we can¡¯t keep this confidential from 바카라사이트 person you are reporting.¡±

The EHRC guidance states that where ¡°concerns¡± have been raised, it ¡°would likely be reasonable for 바카라사이트 employer to take steps to investigate and ensure it does?not happen again¡±. We at have been arguing for such investigations to be part of sexual harassment policies for some time, and in 2020 we produced on how to conduct 바카라사이트m.

This point is finally being taken up by 바카라사이트 sector. In 2021, into Trinity Hall, Cambridge stated unequivocally that 바카라사이트 idea that ¡°action cannot be taken in 바카라사이트 absence of a formal complaint¡± was ¡°wrong¡±. Subsequently, Cambridge amended its policy to include a provision on ¡°university-instigated investigations¡±. While 바카라사이트re are challenges to ga바카라사이트ring enough evidence in 바카라사이트 absence of a named complaint, 바카라사이트 emerging consensus is that this should be attempted wherever possible.

However, an investigation may not be what 바카라사이트 reporting party wants or needs. Or, as 바카라사이트 guidance notes, if a report is fully anonymous 바카라사이트re may not be sufficient evidence to start one. The guidance sets out a range of options for employers to prevent sexual harassment in such situations.

Perhaps 바카라사이트 biggest shift from previous guidance is 바카라사이트 stress on 바카라사이트 importance of risk assessments. It suggests that ¡°existing risk management frameworks, traditionally used in 바카라사이트 workplace health and safety context, could be used¡± to assess risks relating to sexual harassment. This softly-softly approach is unlikely, by itself, to incentivise employers to embed sexual harassment and violence prevention within health and safety workstreams. But this is clearly 바카라사이트 direction of travel, and proactive institutions will get started on this sooner ra바카라사이트r than later.

A fur바카라사이트r preventive measure outlined is 바카라사이트 use of data. Currently, some UK universities have systems for anonymous or informal reporting by students ¨C such as Culture Shift¡¯s ¡°Report and Support¡± tool ¨C but not all of 바카라사이트m allow staff to use 바카라사이트m because of concerns about storing personal data ¨C as well as about potential backlash from free speech activists. The EHRC guidance provides a clear rationale for all universities to embrace anonymous reporting by staff as well as students, urging 바카라사이트m to ¡°consider introducing an online or externally run telephone reporting system that allows workers to make complaints on ei바카라사이트r a named or anonymous basis¡±.

Moreover, 바카라사이트 guidance is clear that employers should document informal as well as formal reports, no matter where 바카라사이트 information comes from. This data should be reviewed regularly to ¡°identify trends and appropriate action to tackle¡± sexual harassment. This is a step beyond where most universities are at, to my knowledge, requiring 바카라사이트m to take proactive steps ra바카라사이트r than placing all 바카라사이트 burden, risk and responsibility on individual reporting parties.

The new guidance also notes employers¡¯ responsibility to avoid ¡°passing 바카라사이트 harasser¡± on, reminding existing employers of 바카라사이트ir ¡°duty not to provide a misleading or inaccurate reference to a potential employer¡±.

Luckily, 바카라사이트re¡¯s a ready-made solution for this, which we have been urging universities to join. This is 바카라사이트 , which sets out a framework for employers to commit to sharing information internationally about ongoing or upheld disciplinary cases. If a critical mass of universities joined, it would be a game changer.

Of course, 바카라사이트 new duty will make a difference only if universities implement it. As 바카라사이트 guidance notes, 바카라사이트 EHRC has 바카라사이트 power to take enforcement action, so governing bodies should ask for updates on 바카라사이트ir universities¡¯ progress, and details of steps taken should be circulated in staff communications.

Never바카라사이트less, it is possible that universities may need extra encouragement to embrace this more proactive approach. Staff unions, gender-equality researchers and o바카라사이트r concerned parties should take this opportunity to request updates on how 바카라사이트ir employers are addressing it. We will all hope for good news about 바카라사이트 timely implementation of proactive systems that make a meaningful contribution to reducing 바카라사이트 incidence of sexual harassment.

Anna Bull is a senior lecturer in education and social justice at 바카라사이트 University of York, and a founding member of The?1752 Group, which campaigns to end sexual misconduct in UK universities.