27/05/2025
How to Conduct a S*xual Harassment Risk Assessment in the Workplace
S*xual harassment does not start with an incident. It starts with an environment that allows it to happen. That is why prevention—not just response—is the new standard under workplace laws.
As of October 2022, the Respect@Work reforms amended the S*x Discrimination Act 1984 to introduce a positive duty for employers. This means you are now legally required to take reasonable and proportionate steps to eliminate sexual harassment, hostile workplace environments, and victimisation — before it occurs.
One of the most effective ways to meet this obligation is by conducting a S*xual Harassment Risk Assessment. This is not just another document to file away—it is a living process that identifies vulnerabilities and introduces meaningful control measures to keep your people safe.
Here’s how you can approach it:
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1. Identify Risk Areas
Think beyond the physical workplace. Where might your employees be vulnerable?
• Power imbalances: Are junior staff, young workers, or contractors at higher risk?
• Working alone or in isolated spaces: Does anyone work unsupervised or in poorly lit areas?
• Third-party interactions: Do clients, customers, or suppliers interact with your staff? Are they aware of your standards of behaviour?
• Workplace culture: Does ‘banter’ cross the line? Are inappropriate jokes tolerated or excused?
• After-hours functions or off-site events: Are staff protected at events outside normal work hours?
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2. Gather Information
Look at your existing data. Have there been previous complaints or concerns? What trends can you see?
Then ask your people. Anonymous surveys, interviews, or staff forums can uncover risks that policies and procedures may overlook.
Engagement is key. If staff do not feel safe to speak up, the risk is already present.
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3. Assess Existing Controls
Do you have clear, current policies that reflect your legal duties? Is everyone aware of them?
• Are reporting procedures well-known, with multiple safe avenues?
• Has training been delivered—not just a one-off session—but embedded into your induction and culture?
• Do people know the consequences of unacceptable behaviour?
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4. Decide on Additional Controls
No risk assessment is complete without action.
Some effective controls might include:
• Buddying up workers on late shifts
• Posting harassment policies in public-facing areas
• Training staff and managers with tailored, role-specific content
• Changing workflows to reduce isolation or power imbalances
What matters is doing what is reasonable and proportionate to your risk. Small businesses are not expected to spend beyond their means, but they are expected to take the issue seriously.
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5. Document Everything
Record your findings, the steps you have taken, and the reasons behind your decisions.
Documentation helps you track progress—and it is your best defence if a complaint arises.
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6. Review and Refresh
Update your assessment:
• After any complaint or incident
• When operations or locations change
• At least annually
A sexual harassment risk assessment should evolve with your business, your people, and the environment they work in.