It’s just about 18 months since the duty to take ‘reasonable steps’ to prevent sexual harassment came into force and roughly 6 months before that duty strengthens to all reasonable steps. At the same time, employers will become liable for harassment by third parties.

Whilst we are waiting for the regulations to specify what ‘all reasonable steps’ actually looks like, we know the Equality and Human Rights Commission (EHRC’s) 8 step guide to preventing sexual harassment is there as guidance.

When it comes to training, step 5 encourages a review of the effectiveness of the training, and to offer refreshers at regular intervals.  The EHRC tells us that the training should cover 3 points:

•    What sexual harassment in the workplace looks like
•    What to do if they experience or witness it
•    How to handle any complaints of harassment.

Here are some lessons learned from reviews and tips for planning your refresher training using that three-point structure:

What does sexual harassment look like?
Almost without exception, the first answer that’s given by delegates to that question is ‘touching’.  And so the training needs to give examples that go beyond the obvious to ensure the full range of unwelcome behaviours are understood.

• Explain intent vs effect:  Develop an understanding that there can be a mismatch between intent and effect, and explore when gossip, sarcasm, double entendre and compliments become unwelcome – and why.  
• Explore how we want to be perceived at work:   It is this ‘why’ question that is the game-changer:  Explore how we want to be perceived at work, and identify how these examples can be misaligned to that need.  That way the training becomes more relatable and so the learning sticks.

What to do if they experience or witness it?
It’s vital that training ‘lands’ the message that sexual harassment can be gross misconduct. But it’s also important explore the relevance of both impact and intent to disciplinary decision-making.

• Remove barriers to reporting:  “I don’t want them to lose their job over this” is a powerful disincentive to speaking up.  So, your training’s message needs to address that hesitation by exploring the full range of outcomes.
• Give transparency at senior level:  Senior leadership teams respond well to an open discussion using a matrix to explore the relationship between impact and intent.

How to handle any complaints of harassment
The reporting mechanics in your policy are important content, but it’s equally important to provide the techniques to enable someone to say something’s ‘not okay’.   

• Provide agency:  Agency to speak up is a powerful a message that harassment won’t be tolerated.  Providing a technique to speak up 'in the moment' a great way to do it.
• Paint a full picture:  Explain the full process and who might be involved.  Candour is important here – a survivor can’t dictate the outcome of any disciplinary - but they’re a stakeholder in the organisation’s broader response to the situation. 

We’ve had 18 months of learning behind us and we have 6 months of preparation ahead. The transition from "reasonable" to "all reasonable" is not just a change in wording; it is a higher standard of proof for our cultures. Now is the time to review.