Handling Sexual Harassment Claims for SMEs
Photo by Sebastian Herrmann on Unsplash
Back in December 2022, the Sex Discrimination Act was amended to create a positive duty for employers to prevent sexual harassment, and a prohibition on sexual harassment was incorporated into the Fair Work Act in March 2023.
This means that it’s no longer enough to just have a few words on paper – instead, you need to do everything you can to assess risks and introduce appropriate control measures and strategies to stop sexual harassment from occurring in your business or workplace.
Why is mandatory training on sexual harassment prevention in workplaces needed?
It demonstrates a company's commitment to addressing these issues seriously and equips employees with company policies and procedures. While training may not directly prevent harassment, it raises awareness and promotes accountability.
Educating employees about different forms of harassment, and training encourages mindful interactions. Additionally, it is a vital part of risk management, helping mitigate potential incidents. Overall, this training facilitates a safer, more respectful workplace for everyone involved.
How can SMEs provide support to victims of sexual harassment at work?
Establish a Simple Reporting Channel
Create straightforward and accessible procedures for employees to report incidents of sexual harassment. This could involve designating trusted manager or HR personnel as a point of contact for reporting.
Leverage External Resources
SMEs may not have in-house counselling services, so provide information about external resources such as local counselling centres or hotlines that victims can access for support.
Offer Flexible Support Options
While offering additional leave or flexible work arrangements, SMEs can be creative with their solutions. This might include allowing employees to work remotely or adjust their schedules temporarily to accommodate their needs.
Emphasise Non-Retaliation Policies
Make it clear to employees that retaliation for reporting harassment is unacceptable and will not be tolerated. SMEs can enable a culture of trust and openness by reinforcing non-retaliation policies.
Maintain Personal Follow-Ups
In SMEs, personal connections matter. Managers or small business owners can personally follow up with victims to offer support, check on their well-being, and ensure they feel valued and heard.
Educate on Local Support Networks
SMEs can educate employees about local support networks and resources available in the community, such as legal aid organisations or crisis centres, where victims can seek assistance.
Document Incidents Effectively
While keeping records of incidents and investigations, SMEs should focus on simple and efficient documentation practices that comply with legal requirements and facilitate tracking and monitoring of cases.
Bottom-line
While small and medium-sized enterprises (SMEs) may face unique challenges in addressing sexual harassment, they can still take meaningful steps to support victims and facilitate a safe workplace environment. In addition, SMEs can further support victims of sexual harassment by providing information about resources like 1800RESPECT.