Creating a safe and caring environment in your nursery is crucial—not just for the children, but for the staff too. From 26th October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 will require employers to take proactive steps to prevent sexual harassment. If an employee wins a harassment claim and it’s found that the employer did not take reasonable steps to prevent it, the tribunal can increase the compensation by up to 25%.

Here are three simple steps you can take in your nursery to meet these new requirements.

1. Create a Clear Sexual Harassment Policy

Having a strong sexual harassment policy is essential. This policy should clearly define what unacceptable behaviour looks like and explain the consequences of such actions. Here’s how to make it effective:

1. Clear Definitions: Make sure your staff understand what sexual harassment is. Define key terms and include examples of what may be considered as sexual harassment e.g. – inappropriate comments, unwanted advances, and jokes that go too far.
2. Reporting Procedures: Explain how employees can report harassment they experience or witness. Having a multi-channel approach can encourage reporting. An employee may not feel comfortable reporting to the Nursery Manager if they were the perpetrator so list a diverse range of people who they can report to. A facility to anonymously report is also a good idea so people can feel safe coming forward.
3. Response: Detail how your Nursery will respond to complaints of Sexual Harassment so employees can know what to expect.
4. Commitment to Action: Make it clear that the nursery will handle complaints quickly and transparently. Staff should know that their concerns are taken seriously and that the nursery will act fast to resolve any issues.
5. Review: Make sure to regularly review your policy to ensure it remains up to date.

2. Provide Effective Training

Training is crucial in preventing sexual harassment. It should be meaningful and help staff gain the knowledge and skills they need so they know how to respond should they directly or indirectly experience sexual harassment whilst at work. Here’s some of the things your training should cover:

1. Industry-Specific Issues: Tailor training to address the unique challenges in a nursery setting, so staff know how to recognise and respond to harassment. For example, comments of a sexual nature said by a parent at drop off or pick up, unwanted physical contact received by an Apprentice by the Nursery Chef etc.
2. Bystander Responsibility: Just as you should be encouraging your staff to view Safeguarding as everybody’s issue and encourage any Safeguarding concerns to always be reported, ensure this doesn’t just stop with the children. Harassment of any kind should be reported even if not directly experienced. Therefore, teach staff what to do if they see sexual harassment happening. including how to support their colleagues and report incidents.
3. Testing Knowledge: Check that employees understand the training material. This could be through quizzes or discussions to reinforce what they’ve learned.

3. Build a Respectful and Supportive Culture

Many businesses will stop after points 1 and 2 thinking they have done all they need to do to ‘tick the box’ in regards to the new legislative requirement to prevent sexual harassment. However, this is not a box-ticking exercise. Ensure your nursery is taking “all reasonable steps to prevent sexual harassment” by building a culture of respect and support so all your staff know to report any instances and feel comfortable doing so. This starts with leadership and should be modelled throughout the nursery. Here are some key strategies:

1. Regular Risk Assessments: Frequently evaluate your nursery to identify potential risks that could lead to sexual harassment. This proactive approach helps you catch issues before they escalate.
2. Gather Employee Feedback: Use focus groups and surveys to ask staff about their experiences and feelings regarding workplace safety. This feedback can help shape policy updates and training efforts.
3. Anonymous Reporting Tools: Allow staff to report incidents anonymously. This creates a safe space for those who might be afraid to speak up. Make sure all reports are taken seriously and investigated promptly.
4. Swift and Transparent Complaint Handling: When complaints arise, address them quickly and openly. Keeping employees informed about how issues are being handled shows your commitment to a safe and respectful workplace.

Get Expert Support

If you need help creating a solid sexual harassment policy, setting up effective training programs, or building a respectful workplace culture, We’re here for you! With our experience in HR compliance and best practices for nurseries, we can provide tailored solutions to meet your specific needs.

Contact me today to discuss how we can work together to make your nursery a safer, more supportive environment for everyone.