People manager guide: How to tackle sexual harassment

A range of behaviours recognised to be forms of sexual harassment are listed below. However, this list is not exhaustive. It is important to bear in mind that sexual harassment covers a very broad spectrum of behaviour, and may not always appear to be overtly sexual in nature, but can include:  

• Sexual images displayed or shared.
• Offensive words or comments.
• Demeaning or humiliating behaviour or language.
• References to someone’s body.
• Intrusive questions about someone’s private life.
• Stalking, including online stalking.
• Sexual gestures, such as simulating sexual acts.
• Unwanted touching, such as putting a hand on someone’s knee or hugging them.
• Unwanted sexual attention whether verbal or physical.
• Coercing someone into sexual relations through pressure, manipulation or threats, or offering rewards in exchange for sex.
• Sexual violence, including rape, or threatening to carry out sexual violence or unwanted sexual acts.

Sexual harassment is often considered a disciplinary offence and, in some cases, may also be a criminal offence. 

Although women are more likely to experience sexual harassment, it can happen to anyone. Sexual harassment does not always occur in plain sight. It can happen in-person and online, and outside as well as during working hours. Regardless of when and how it occurs, any sexual harassment involving employees should be considered a workplace issue. 

Managers should act as role models by consistently demonstrating respectful and inclusive behaviour. This includes being aware of how their own status and actions may impact on others. In addition to self-awareness, managers should regularly seek and act on feedback from their team and peers.

Preventing sexual harassment requires managers to communicate that any form of unfair treatment such as sexual harassment will not be tolerated. Offensive behaviour can sometimes be excused as banter or jokes, so managers need to maintain high standards, even when they may face criticism for doing so. They also need to have the confidence and capability to be proactive and deal with unacceptable behaviour at the earliest possible stage. 

Managers are also well placed to pick up on any underlying tensions in their team that could indicate potentially inappropriate behaviours or attitudes. These may include employees unwilling to work together, heated exchanges or perceived favouritism. Open communication and reinforcing values based on dignity and respect can help managers to understand and resolve issues in their team quickly, effectively and impartially.

One of the most important actions to prevent sexual harassment is to create an inclusive culture where everyone is treated with dignity and fairness. Micro-managing can undermine a positive culture, and therefore managers should act in a way that empowers people and demonstrates trust. They should also clearly follow procedures and ensure their decision-making is open, fair and evidence based. Providing their team with regular updates about issues that affect them can help avoid negative behaviours that may escalate such as gossiping or backstabbing. Managers also need to avoid behaviours that reinforce stereotypes. 

Managers may also wish to refer to the CIPD’s factsheet on personal relationships in the workforce. If a romantic relationship is consensual and therefore does not constitute sexual harassment, managers will still need to consider implications for the team. Where personal relationships occur, it’s important to be aware of the potential risks for team dynamics and prevent behaviours like potential favouritism or abuse of power imbalances.  It’s not advisable for managers to have a romantic relationship with someone they manage, and this should be discussed with HR.

All employees should receive training and/or education on what constitutes sexual harassment, as well as how to report alleged harassment. Managers may receive additional training on how to spot and deal with potential sexual harassment behaviours as well as how to support employees who have been victims of, or witnessed, sexual harassment. They should also be aware of when to refer to more specialist support, which people professionals will be able to advise on. Managers should ensure everyone in their team is aware of expected standards of behaviour and what constitutes sexual harassment.

Managers are often the first point of contact for receiving reports of sexual harassment. It is important that managers are also alert to any signs of inappropriate behaviour as employees may be reluctant to report due to fear of potential negative implications for themselves or their careers. Providing reassurance and demonstrating that issues raised are taken seriously can encourage team members to report any concerns. Managers who receive a report of sexual harassment, whether formally or informally, or believe that a report should be made, should follow their organisation’s procedure and seek advice from people professionals.

Managers have a key role in ensuring sexual harassment is effectively reported and dealt with. A manager’s openness to receiving reports and acting on them will send a strong signal that sexual harassment is taken seriously. Therefore, all reports of sexual harassment should be treated seriously and sensitively. It’s also important to handle each complaint fairly. 

Equally Safe at Work guidance has some useful tips on how to respond effectively to reports, such as listening, providing reassurance, respecting thoughts and opinions and signposting. Acas guidance encourages managers to think carefully about what they say during these conversations and to keep an open mind by not letting their own opinions influence the reporter. 

Although the organisation should have a specific process in place for reporting sexual harassment, you should bear in mind that reports might be received in different ways. For example, the report may be received from a bystander who has witnessed sexual harassment, or managers may spot something. If the report does not come directly from the person being harassed, managers should confidentially speak to the person affected and ideally encourage them to report. In cases where individuals are reluctant to report despite encouragement, managers need to respect the wishes of the person making the complaint as far as possible.  

Incidents of alleged sexual harassment should be documented via the organisation’s procedure. This ensures they can be dealt with consistently and provides the organisation with a realistic overview that can inform policy, strategy and change. 

While all reports should be dealt with as confidentially as possible, you should make it clear to the person reporting the incident that you may need to disclose information to others so the issue can be resolved. In line with Acas guidance, information should be handled confidentially and only shared on a strictly need-to-know basis. 

In some cases, it may be appropriate to resolve the issue informally, depending on the seriousness of the complaint and whether or not the person affected wants to. Ask for advice on whether it's appropriate to try and resolve informally and if you should offer this as an option.  Whatever happens, the complainant should not be forced to confront the alleged harasser, nor to resolve the situation informally against their wishes.

All reports of sexual harassment should be treated seriously and investigated thoroughly. Protecting the person raising the complaint should be paramount. Alongside this, the alleged harasser also needs to be treated fairly in line with procedure and the law. Investigations should be conducted in accordance with organisational procedure and Acas guidance. 

In some cases, more immediate action may need to be taken, such as suspending or moving the alleged harasser. You should seek advice from people professionals before taking any formal action. Care must be taken to ensure no action is taken that could be perceived as punishing the person raising the complaint. 

Reporting sexual harassment takes courage and can be extremely stressful. Individuals raising the concern or complaint will need reassurance and support, and their performance is likely to be affected, especially while an investigation is ongoing. Bystanders who have witnessed sexual harassment may also require additional support. As well as providing opportunities to talk, managers can signpost employees to relevant services such as occupational health or counselling. You should also be vigilant for signs of victimisation whereby an employee is treated less favourably because they have reported sexual harassment. If you suspect victimisation is occurring, you should speak to the person affected and encourage them to report it via the organisation’s procedures. Acas provides additional guidance on identifying and dealing with victimisation.