Do employers need a harassment risk assessment?
Risk assessment is becoming an increasingly important part of an employer’s approach to preventing workplace harassment.
Rather than waiting for an employee to complain, employers should anticipate situations in which harassment could arise and identify measures that can reduce those risks.
It is clear that this prevention as an anticipatory duty, requiring employers to consider potential scenarios before an incident occurs.
Step 1: Identify third-party contact
Map the points at which employees interact with people outside the business.
Think beyond the office. Consider:
- client meetings;
- customer-facing work;
- work-related social events;
- conferences;
- business travel;
- site visits;
- telephone calls;
- video calls;
- home visits;
- contractors working on site; and
- employees working at clients’ premises.
Step 2: Identify higher-risk situations
Ask what might make harassment more likely.
Examples could include:
- alcohol;
- lone working;
- late-night working;
- isolated locations;
- previous complaints;
- employees having little control over a customer interaction; and
- situations involving significant power imbalances.
Step 3: Review your controls
Now ask what preventative measures are already in place.
For example:
| Risk | Possible preventative measure |
| Lone client visits | Check-in process or code word |
| Abusive customers | Escalation procedure |
| Client entertainment | Guidance around alcohol and conduct |
| Contractors on site | Contractual behavioural standards |
| Complaints about a client | Formal escalation procedure |
| Vulnerable customer-facing staff | Manager support and de-escalation training |
Step 4: Record the assessment
Do not leave the exercise in people’s heads.
Record:
- the risk;
- who may be affected;
- existing controls;
- further measures required;
- the person responsible; and
- the review date.
Step 5: Review it
A risk assessment should not be completed once and forgotten.
Review it after significant incidents and material changes to the workplace or working practices.
We would recommend revisiting harassment policies annually, repeating risk assessments following significant business changes and learning from incidents.
The practical test is simple: if an incident happened tomorrow, could you demonstrate what your organisation had already done to try to prevent it?
Please contact our Employment Team on 0345 646 0406 or fill in our online enquiry form and we will be more than happy to help.