What to Do When an Employee Reports Harassment

Key Steps for a Safe and Supportive Response

When an employee tells you they’ve been harassed, your response can have a lasting impact, not just on the individual, but on your entire workplace culture. Handling such disclosures with care, professionalism, and urgency is essential.

Here are the most important points to keep in mind:

1. Listen Without Judgment

The first and most critical step is to listen actively and empathetically. Avoid interrupting or questioning the validity of their experience. Your role is not to investigate in that moment, but to provide a safe space for them to speak.

• Use open body language and maintain eye contact.
• Avoid phrases like “Are you sure?” or “That doesn’t sound like them.”
• Thank them for coming forward.  Remember, it takes courage.

 

2. Ensure Immediate Safety

If the employee feels unsafe, take immediate steps to protect them. This might include:

• Adjusting work schedules or locations.
• Offering remote work options.
• Temporarily separating the individuals involved.

Always prioritise the employee’s comfort and consent when making these changes.

 

3. Take the Report Seriously

Even if the allegation seems minor or surprising, treat it with the gravity it deserves. Dismissing or downplaying the issue can lead to legal consequences and damage trust within your team.

Under the Sexual Harassment Act 2024 (formally the Worker Protection (Amendment of Equality Act 2010) Act), employers have a legal duty to take reasonable steps to prevent sexual harassment in the workplace.  This includes harassment by clients, customers or other third parties, not just employees.

Failure to do so can result in:

• Employment Tribunal claims
• A 25% uplift in compensation if the tribunal finds the employer failed to take reasonable preventative steps
• Regulatory enforcement by the Equality and Human Rights Commission (EHRC), including unlimited fines

 

4. Maintain Confidentiality

Respect the privacy of everyone involved. Share information only with those who need to know, such as HR or a designated investigator. Reassure the employee that their report will be handled discreetly.

 

5. Document the Conversation

Take detailed notes of the report, including:

• Date and time of the conversation
• What was said, using the employee’s own words where possible
• Any immediate actions taken

This documentation is crucial for any follow-up investigations or legal proceedings.

 

6. Explain the Next Steps

Let the employee know what will happen next. This might include:

• A formal investigation by HR or an external party
• Timelines for follow-up
• Their rights and options, including support services
•  

Transparency helps build trust and reduces anxiety.

 

7.  But What if the Employee Tells You They Don’t Want to Make a Formal Complaint?

Start by thanking them for their trust and validating their feelings. Let them know you understand their hesitation and that you’ll handle the matter with care and discretion.

Gently explain that under the Sexual Harassment Act 2024 and the Equality Act 2010, employers have a legal obligation to take reasonable steps to prevent harassment. This means that in some cases, you may need to act, even if they don’t want formal action taken.

Since October 2024, employers can be held liable if they fail to act on known harassment, even without a formal complaint. The EHRC can investigate and impose penalties for non-compliance.

 

8. Avoid Retaliation

Make it clear that retaliation of any kind will not be tolerated. Monitor the situation to ensure the employee is not subjected to subtle forms of punishment or exclusion.

 

9. Provide Support Resources

Offer access to:

• Employee Assistance Programs (EAPs)
• Counselling services
• Legal or advocacy resources

Let them know they’re not alone and that support is available.

 

10. Follow Up

Check in with the employee regularly, even after the investigation concludes. This shows ongoing support and helps rebuild a sense of safety and belonging.

 

11. Review and Reflect

After the situation is resolved, take time to review your policies and training. Ask:

• Were procedures followed?
• Did the employee feel supported?
• What can be improved?

Use the experience to strengthen your workplace culture and prevent future incidents.

 

Final Thought

Creating a workplace where employees feel safe to speak up is a sign of a healthy, respectful culture. Responding with empathy, clarity, and action is not just the right thing to do, it’s now a legal obligation. The Sexual Harassment Act 2024 makes it clear: employers must be proactive, not reactive, in preventing harassment including that of customers, clients or third parties. Failing to do so can have serious legal and reputational consequences.

This is not something that can be dismissed as it can prove to be expensive even when the employee does not wish to raise a formal grievance.

At enlightenHR, we can help. This starts with ensuring you have a robust Anti-Harassment and Bullying policy that is communicated to all employees.  We can provide training to support managers on the approach needed when faced with such a situation.  We can also help you with broader company-wide training, to remind colleagues of what is/is not acceptable behaviour, and their role should they become aware that a colleague is suffering bullying and harassment.