Use L&D to help employees understand their role in preventing harassment

With looming legal changes surrounding sexual harassment in the workplace, many organizations are in the final stages of tackling the complexities of compliance. Britain’s new legal duty places greater responsibility on employers to prevent harassment in all its forms. Failure to do so could result in high damages, with discrimination claims averaging £37,607 by 2024 and an additional 25 per cent fine for non-compliance.

This shift requires organizations to go beyond just setting policies and actively engage their workforces in understanding what constitutes harassment and how to respond to it.

Sexual harassment and the role of L&D

Sexual harassment can manifest itself in a variety of ways, from explicit actions to more subtle forms of inappropriate behavior. As recent tribunal cases show, behavior previously dismissed as harmless ‘banter’ can meet the legal threshold for harassment. According to the Government Equalities Office, at least 29% of employees have experienced sexual harassment at work in the last 12 months.

Sexual harassment in the workplace goes beyond the harm caused to the person affected; it can create a toxic work environment, reduce morale, and lower productivity and retention levels. It also erodes trust among colleagues, damages the reputation of the organization and can lead to serious legal and financial consequences – not only for the employer, but also for the person responsible for the harassment.

Tribunal cases such as Bratt v JGQC Solicitors Limited – where the law firm owner subjected a female colleague to ‘office banter’ that was recognized as unwanted conduct of a sexual nature – underline the importance of addressing comments and behavior that create an offensive work environment, even though Some employees do not immediately experience this as serious. It is now imperative that organizations provide employees with clear examples of overt and subtle behaviors that need to be addressed.

Learning and development teams are central to helping organizations meet new legal obligations. They are in a great position to support employee training and ensure they understand their role in preventing harassment. Customized training, clear policy communication and ongoing engagement will combine to create a more informed and mutually respectful workforce.

One of the most important aspects of L&D’s role is clarifying expectations about workplace culture and behavior. Sexual harassment can sometimes stem from cultural norms in the workplace that may not be explicitly challenged. Through training programs, L&D can help employees recognize the importance of maintaining a culture where all individuals feel safe, respected and empowered to express their concerns.

Step-by-step policy implementation through L&D

To effectively integrate the new sexual harassment regulations into the workplace, employers must take a considered approach involving all employees – as ‘tick box training’ may be questioned. Here’s how L&D can help you:

Extensive and continuous training

Outdated or ineffective training courses can make employers vulnerable. For example, tribunals have criticized employers whose training was described as ‘outdated’ or insufficient, causing them to fail to defend themselves in sexual harassment cases. Training programs should be engaging, regularly updated and practical, using real-world examples to illustrate both the legal definitions of harassment and how it manifests in everyday workplace interactions. By using recent cases and situational examples, L&D can help employees better understand the consequences of inappropriate actions, no matter how subtle.

By including practical matters in the training, employees can realize the practical application of anti-harassment policies. For example, the case of Sieberer v Apple Retail UK showed how seemingly innocent behavior such as sharing a photo of a colleague can lead to serious consequences if it contributes to a hostile environment. By presenting these examples in training sessions, L&D can demonstrate the importance of vigilance and understanding that even small actions can have serious legal consequences.

Tailor-made training for different roles

It is important that L&D tailor training programs based on employee roles. For example, managers need specific guidance on how to handle complaints confidentially, appropriately and sensitively while taking prompt action. The recent Lidl case – in which an employer failed to address claims of sexual misconduct in a prompt and appropriate manner – highlights the importance of adequately investigating claims of harassment, with the manager’s role directly contributing to the decision of the tribunal against the company.

Indeed, line managers play a crucial role in creating and maintaining a respectful workplace. A Gartner survey found that 69 percent of employees note that their managers and leaders are unprepared to lead change. By providing managers with the tools to intervene when harassment occurs and the knowledge to handle complaints appropriately, organizations can prevent minor issues from escalating into legal disputes.

Enabling employees to express their opinions

Effective harassment prevention depends on the extent to which employees feel confident in reporting misconduct without fear of repercussions. L&D must ensure that training emphasizes the importance of speaking up, both as a victim and as a witness to inappropriate behavior. Employees should be aware that silence can perpetuate harassment, and it is their responsibility to report any concerning behavior through the appropriate channels.

Collaboration between L&D and HR is essential to ensure that all employees are aware of and fully understand the company’s anti-harassment policy. These policies should be easily accessible and communicated regularly through multiple channels, such as online platforms, team meetings or workshops. It is also important to ensure that employees know that sexual harassment extends beyond the workplace to include work-related events, social gatherings and online interactions. Regular reviews and refresher courses can be integrated into the L&D framework to ensure knowledge remains current and that employees understand the evolving legal framework.

L&D as the key to a safer and more respectful workplace

Employers who proactively engage L&D teams in compliance efforts will significantly reduce the risk of legal action and compensation increases. As the new legal duty to prevent sexual harassment becomes law, L&D teams play a central role in training employees, supporting policy changes and promoting a culture of respect and responsibility. By integrating real-world litigation, providing ongoing training, and empowering both managers and employees, L&D can help their organizations overcome these legal challenges and promote safer, more inclusive workplaces.

Hayley Saunders is a technical HR consultant at AdviserPlus