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Protecting staff from sexual harassment: your role

From 26 October 2024, employers will have a legal duty to protect staff from sexual harassment. Find out what reasonable steps your school or trust should be taking and how you can monitor this.

Last reviewed on 11 October 2024
School types: All•School phases: All•Ref: 44853
Contents
  1. What’s changing, and when?
  2. Your school/trust must take 'reasonable steps' to prevent sexual harassment
  3. Leaders should take a proactive approach
  4. Ask your leaders to review policies in light of the guidance change
  5. Questions to ask to hold your leaders to account

What’s changing, and when?

From 26 October 2024, employers must take ‘reasonable steps’ to prevent sexual harassment against staff. 

Who is the 'employer' in my setting?

The employer varies for different school types:

The local authority (LA) is the employer for:

The governing board is the employer for:

The academy trust is the employer for:

The proprietor/governing board is the employer for:

  • Community schools
  • Voluntary-controlled schools
  • Community special schools
  • Maintained nursery schools
  • Pupil referral units
  • Voluntary-aided schools
  • Foundation schools
  • Foundation special schools
  • Academies
  • Free schools
  • Independent schools

Even if you're not the employer, your role is to support and challenge your school or trust leaders to make sure they're implementing the steps effectively.

What does this mean?

Sexual harassment is defined as 'unwanted conduct of a sexual nature'. This could include verbal or written harassment, as well as physical harassment, such as touching. 

The Equality and Human Rights Commission (EHRC) can take enforcement action against the employer An employment tribunal could order the employer to