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New Duty to Prevent Sexual Harassment: What it means for schools and colleges

From the 26th October 2024, a new duty under the Worker Protection (Amendment of Equality Act 2010) Act 2023 will require employers, including schools and colleges, to proactively prevent sexual harassment in their workplaces.
07 Nov 24

This update comes amid concerning statistics from Unison’s survey, which reveals the prevalence of harassment in schools, affecting both students and staff. With tight timelines and real impacts on students and staff, schools must take quick, effective steps to create a safer environment.

How big is the problem?

Unison’s survey uncovered some alarming statistics:

  • 1 in 10 female support staff in secondary schools have faced harassment, mostly from male students but also from colleagues.
  • 15% of staff experienced verbal abuse due to their gender, and 1 in 7 encountered sexist language, sometimes daily.
  • 40% didn’t know if their school had a harassment policy, and nearly half said they wouldn’t know how to respond if they witnessed an incident.

These findings underscore the need for schools to address not only harassment among students but also incidents directed at staff, often from students themselves. This paints a clear picture: action is needed and fast.

The new duty explained

This new duty means schools and colleges must prevent harassment before it happens—not just respond to it after the fact. If a staff member’s harassment claim goes to a tribunal, the school could face financial penalties if they haven’t taken “reasonable steps” to prevent it. This includes educating staff and students, strengthening policies, and creating accessible reporting processes.

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Practical steps schools can take

Here are some concrete ways schools can prepare:

  1. Assess the Situation: Start with a survey to understand the scope of the issue. Find out if harassment is a common experience and if people feel comfortable reporting it.
  2. Set Up Clear Reporting Systems: Make it easy and safe for staff and students to report harassment. Confidentiality and clarity are key to building trust. Using an online case management system such as MyConcern can track both concerns about student and staff allegations in a secure place. It can also be used as an anonymous reporting tool to encourage reporting.
  3. Revamp Policies: Update or create a harassment policy that spells out unacceptable behaviour, consequences, and how to report incidents. This policy should be clear that harassment—whether by staff, students, or even parents—won’t be tolerated.
  4. Align Related Policies: Make sure other policies, like those for disciplinary actions or IT use, align with the harassment policy, covering online interactions and conduct outside the classroom.
  5. Consistent Training: Regular training for both staff and students on what harassment is and why it’s harmful will help build a culture of respect. Tes Safeguarding provides a number of courses that can assist.
  6. Regular Review: Track incidents, update training as needed, and adapt policies based on what works and what doesn’t. Safeguarding reporting is essential, and a dashboard can be found within most leading safeguarding systems (such as MyConcern).

Support from the EHRC

The Equalities and Human Rights Commission (EHRC) will provide updated guidance for schools and colleges on how to meet this new duty, including best practices for preventing harassment. The EHRC can also investigate institutions they believe aren’t meeting the new standards, so it’s important for schools to make prevention a priority.

Moving forward: Building respectful school cultures

This new law pushes schools and colleges to do more than just react to harassment—it’s about building cultures of respect where everyone feels safe. With the right steps, schools can create supportive, harassment-free spaces that benefit everyone. It’s a challenge, but by embracing these changes, schools can lead the way in creating environments that allow both students and staff to thrive.

If you would like to know how MyConcern can help your school manage the new sexual harassment duty safely and securely, get in touch with our team.

Alternatively, check out our Tes Safeguarding training package that cover safeguarding, well-being and duty of care.

References: https://www.gov.uk/government/news/new-protections-from-sexual-harassment-come-into-force

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