The recent allegations surrounding Mohamed Al Fayed are a stark reminder of the importance of protecting staff from sexual harassment. The accusations, which include sexual abuse and rape by Fayed against female staff during his time at Harrods, are truly shocking. These claims are particularly jarring given the high-profile nature of Harrods and its reputation for luxury and impeccable service.

While the details of this case are grim, it’s an opportune moment to remind businesses of their new duty to prevent sexual harassment in the workplace. With the legal duty coming into force this October, it’s time to ensure your workplace is "Harrods-proofed" against sexual misconduct.

The New Legal Duty: A Retail Reality Check

From the 26th October 2024, employers will be under an anticipatory duty to prevent sexual harassment in the workplace, rather than simply responding to complaints after the event. Specifically, it places a legal onus on employers to think about what possible harassment could occur in the workplace and to take positive, reasonable steps to stop that harassment happening. Some examples include having an anti-harassment policy in place, considering the potential sexual harassment risks and the steps that can be taken to reduce those risks, delivering regular training for staff and managers, and ensuring there are clear reporting channels.

The EHRC’s recent guidance explains that the new duty also extends to preventing sexual harassment of your staff by third parties (i.e. customers, clients, patients, consultants and other business contacts). This is further highlighted in the new Employment Rights Bill,  which further proposes direct liability for employers if they fail to take “all” reasonable steps to prevent third party harassment against their staff - this being an even stricter requirement! Watch this space….

Lessons from the Harrods Case: A Timely Reminder

The Mohamed Al Fayed case is a powerful reminder of what happens when misconduct is allowed to fester behind closed doors. The fact that these allegations have only been brought to light after Al Fayed’s death, suggests a culture of silence and fear, which meant inappropriate behaviour was never challenged or reported or, worse, it was reported and then squashed.
In your own workplace, you’ll want to make sure your employees know they’re in a safe environment where inappropriate behaviour will not be tolerated. Think of it as your workplace "luxury service”, a place where every employee feels respected and valued, without the fear of harassment lurking behind the perfume counter.

Why Harassment Is Everyone’s Business

This new duty applies to all employers, large or small, posh or not-so-posh; you need to be taking steps to prevent harassment. Do not think that it is only sexual harassment of the worst kind  to which the new duty applies; it can apply to  jokes/banter and one off acts or instances of sexual harassment.
Consider your business’s atmosphere. Are you promoting a workplace culture that champions equality and respect? Or is there the risk that inappropriate behaviour is slipping under the radar.

Practical Tips for Employers: Making Your Business "Scandal-Proof"

• Risk Assess: This is crucial to understanding the potential risks in your workplace. Some risks could include: a male dominated workforce, a culture of banter, managers who do not believe in modern practice, work related social events, especially where alcohol is consumed, power imbalances etc. What risks are posed by third parties?

As part of assessing risks, you may decide to undertake staff surveys to get a real idea of for how staff feel. This will also help you identify areas of concern. Review historic complaints and consider how you can learn from them and prevent the same from happening again.

• Start at the top: Instil a culture from the top down, that harassment will not be tolerated. Ensure that senior managers understand the importance of a harassment free workplace and the implications for getting it wrong. The old adage behaviour breeds behaviour has never been truer.
  
• Policies: It’s time to dust off and update your sexual harassment policy. If you don’t have one, now’s the time to get one in place! Employment Tribunals will expect a well drafted, comprehensive policy that sets out your stance on sexual harassment, including but not limited to what it is, what happens if it has occurred, who it should be reported to, how it will be dealt with, how it may be resolved, and the implications if someone if found guilty of sexual harassment.
  
• Training is Key: Ensure your staff (and managers) understand what constitutes sexual harassment, that they are aware of and understand what your policy says, that they know how to report incidents, that they know what to do if an incident is reported to them, and that complaints will be taken seriously. Make sure the training is refreshed on a periodic basis. We can provide this important training to your managers and other staff, (see below!)
  
• Reporting and enforcement: Do foster a ‘speak-up’ culture - staff must feel safe to report issues. If your staff feel like they can’t come forward, you’re setting yourself up for trouble. Think about putting in place an employee committee to champion anti-sexual harassment and to report to management on a regular basis with observations and suggestions. Maybe you could set up a dedicated email address for reporting sexual harassment concerns? Make reporting easy – after all, you want to know if sexual harassment is occurring or likely to occur so you can nip it in the bud, before it becomes a much bigger thing!
  
• Review: Keep your risk assessments, preventative measures, policies and training under regular review and ensure necessary updates are applied.  

The Mohamed Al Fayed case is a reminder to all employers: your duty to prevent harassment isn’t just about compliance with the law, but about protecting your employees and fostering a positive workplace culture. The upcoming changes make this clearer than ever. Don’t wait until allegations come knocking on your door, take action now. After all, keeping your workplace harassment-free is the ultimate "luxury" your employees will appreciate—without the hefty price tag!

How can we help?

To help you along the way to fulfilling some of your obligations in relation to the new duty to prevent sexual harassment in the workplace, we are offering a package consisting of the following useful documents:

• A template risk assessment for your use;
• A template sexual harassment policy; and
• A quiz for your staff, for you to check they have read and understood your sexual harassment  policy.

This package is available for £175+VAT and is certain to save you time and set the foundations for your business’s legal compliance.

If you would like to take up this offer, please get in touch, using the button below

Bespoke advice and training:

Of course, we can also offer bespoke advice, tailored to your business and the nature and extent of its likely risk. We can also deliver training to:

• Business owners/HR/senior managers:- focused on how to identify and deal with complaints of sexual harassment, including how to properly investigate and resolve such issues with a view to staying the right side of the law!
• Your other staff:- highlighting to them what sexual harassment is, the fact it is unlawful (as well as not tolerated by the business), how they should report concerns and the likely repercussions should anyone be found guilty of sexual harassment in the workplace. Feel free to get in touch using the button below, if you would like to know more about what we can offer.