From 26 October 2024, new legal duties come into effect under the Worker Protection (Amendment of Equality Act 2010) Act 2023, requiring employers, whether at a large corporate or a small dental practice, to take reasonable steps to prevent sexual harassment in the workplace.
For dental practices, which often have small teams and close working environments, implementing strong preventative measures is crucial. In this blog we set out the reasonable steps that dental practices should put in place to comply with the new laws, as well as the support and resources available to BDA members to do so.
Lead from the top
It is important to recognise that dental practices often have power imbalances between associates, staff, and management, which can increase the risk of harassment. Dental practice owners and practice managers must actively set the tone for a culture of respect and safety. The behaviour and attitudes of those at the top influence the entire workplace culture, and it is essential that the senior members of the dental team take proactive steps to prevent harassment.
As an employer, you must clearly communicate to all staff, associates, hygienists, therapists, dental nurses, and the reception team what constitutes sexual harassment, and which behaviours are unacceptable in the workplace. By leading from the top and adopting a zero-tolerance approach, you set the standard for a healthy work culture.
Review and update your policies
Now is the time to review your policies and procedures to ensure compliance with the new legislation. This includes clearly defining sexual harassment, detailing the steps for reporting incidents and outlining how complaints will be handled. Ensure that your dental team is fully aware of these policies and how you, as an employer, will address sexual harassment complaints.
Policies should also be reviewed following any incident of harassment to identify any weaknesses in the existing framework.
If you are an Expert member, you can download our bullying and harassment policy, and our grievance and disciplinary procedures in the templates, checklists and audits section of our website.
Conduct a risk assessment
The Equality and Human Rights Commission has issued new guidance on sexual harassment, advising employers to conduct a risk assessment as part of their duty to comply with preventative measures. According to the guidance in paragraph 3.31, employers are unlikely to meet their preventative duty without carrying out thorough risk assessments.
Expert members can download our new detailed sexual harassment risk assessment template.
Train your dental team
In some cultures, certain types of physical contact such as hugging or forms of casual language may be seen as normal or even friendly, but in a workplace setting, these behaviours may be considered inappropriate and could lead to misunderstandings or sexual harassment complaints. Train your dental team to be mindful of the professional environment and to respect boundaries, ensuring that actions or words are always in line with the practice expectations and policies.
Training helps to ensure everyone understands what sexual harassment is, how to prevent it, and the consequences of such behaviour. It should include practical examples, address unconscious biases, and encourage a culture of open communication.
Provide training for practice managers to handle complaints
Ensure your practice manager and at least one other member of staff are trained to handle sexual harassment complaints impartially and effectively. This training should cover power imbalances, avoiding any conflict of interest, how to advise victims who may be considering making complaints, and how to conduct fair investigations. Managers play a key role in preventing and stopping bullying and harassment from occurring within the workplace, and should be trained to support individuals who have been subjected to harassment by a third party.
BDA training resources
We have developed a new course that you can recommend to your dental team to work through. The course, available exclusively for members via our CPD Hub, examines the nature of sexual harassment in the workplace, the impact it can have on employers and staff, and some practical steps to help tackle the problem and bring about cultural change.
Access our new course on tackling sexual harassment and enacting cultural change.
To help assist you in training your dental team, you can find detailed written advice on what constitutes harassment and how to manage it in the employment law section of our website.
Transparency
Be open and clear about how complaints will be handled, and encourage staff to report harassment early, without fear of retaliation. Make it clear that no one will face disciplinary action for making a complaint that is not upheld, provided it was made in good faith and not maliciously.
Establish a robust reporting procedure
It is vital to have an accessible and effective reporting system in place and to ensure that the whole dental team have easy access to the reporting procedure. Here are the key steps to consider:
Multiple reporting options
Every dental practice should ensure that employees have at least two individuals they can report sexual harassment to. This reduces the risk of bias or fear, especially if the accused party is in a position of power. Ideally, there should be a manager and an alternative, such as a trusted colleague, external HR consultant, or a designated employee trained in handling confidential and sensitive issues.
Anonymous reporting
Set up a system that allows for anonymous reports, whether online or by phone, so staff can feel comfortable speaking up.
Regular monitoring
Conducting anonymous surveys quarterly or bi-annually helps practices gauge whether their harassment policies are effective. These surveys should include questions on workplace culture, and incidents of harassment. It will also help you to understand whether staff have witnessed or experienced sexual harassment and assess whether they felt comfortable reporting it. This will help you understand the effectiveness of your policies.
It is important to act on this data. Simply gathering feedback is not enough; you must review the results carefully and take any necessary action. This might include adjusting policies, exit interviews, one-to-one conversations, return-to-work meetings, providing additional training, or addressing specific issues that employees have raised.
The consequences of non-compliance
Failing to meet the requirements of the new legislation could have serious financial consequences for dental practices. Employment tribunals will have the power to increase compensation by up to 25% if it is found that an employer has breached their duty to take reasonable steps to prevent sexual harassment. This makes it even more important for practice owners to be diligent in their efforts and if challenged you can show all the reasonable steps you have taken to create a safe and inclusive workplace for your dental team.
By leading from the top, providing multiple reporting channels, and monitoring the effectiveness of policies through anonymous surveys, dental practices can create a safe and respectful working environment for all employees.
