Ian Wasserman, a partner at the law firm Broadfield, reviews schools’ legal duty to protect teaching staff from harassment

Harassment in the workplace is a serious issue, and schools are legally obliged to protect their staff from such behaviour. While much attention is rightly given to protecting pupils, it’s equally important to ensure that teachers work in a safe, respectful environment. Failing to do so can have significant legal, reputational and operational consequences for a school.

What is harassment?

Under the Equality Act 2010, harassment is defined as “unwanted conduct related to a relevant protected characteristic” (such as age, disability, gender reassignment, race, religion or belief, sex or sexual orientation), which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. Sexual harassment (unwanted conduct of a sexual nature) is also prohibited conduct under the Act.

In schools, harassment can come from a range of sources – not just colleagues or management, but also pupils, parents, and even members of the public. Examples include sexist comments from pupils, racial abuse from parents, or homophobic remarks from colleagues. Regardless of the source, schools have a legal obligation to take reasonable steps to prevent and address such behaviour.

Legal responsibilities of schools

Schools, whether state-funded or independent, are employers and therefore subject to employment law. Under the Health and Safety at Work etc. Act 1974, employers must ensure, as far as reasonably practicable, the health, safety and welfare of their employees. This includes protection from harassment.

More specifically, the Equality Act 2010 imposes a duty on employers to prevent harassment. A school that fails to act on complaints of harassment, or allows a culture in which such conduct is tolerated, can face legal claims in the Employment Tribunal. In some cases, this can lead to significant financial penalties and reputational damage.

The government has also taken steps recently to strengthen this duty, and plans to further increase protections in this regard as part of the proposed Employment Rights Bill. As of 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced a “preventative duty” on employers, requiring them to take reasonable steps to prevent sexual harassment at work. While this duty is currently limited to sexual harassment, it signals a wider shift towards expecting more proactive efforts from employers in tackling workplace misconduct.

Dealing with harassment in practice

A school’s response to harassment must be prompt, thorough and sensitive. This involves:

1. Having clear policies – Schools should have up-to-date anti-harassment and bullying policies that define unacceptable behaviour, outline how to report concerns, and explain how allegations will be investigated.
2. Training and awareness – Senior leaders and staff should receive training on recognising and responding to harassment, including sexual harassment. This should include bystander intervention strategies and guidance on dealing with incidents involving pupils or parents.
3. Reporting mechanisms – Schools should offer safe, confidential channels for teachers to report harassment. This could include anonymous reporting tools or access to a designated safeguarding or HR officer.
4. Taking action – Once a report is made, the school must investigate thoroughly and fairly. Depending on the outcome, action might include disciplinary measures, mediation, or referral to external agencies.
5. Support for victims – Support might include access to counselling services, adjustments to work arrangements, or ongoing monitoring to ensure the behaviour does not continue.

Beyond legal compliance

Beyond the legal requirements, fostering a culture of dignity and respect benefits everyone in the school community. Teachers who feel safe and valued are more likely to perform well, stay in the profession, and contribute positively to the school’s ethos.

School leaders play a key role in modelling respectful behaviour and ensuring that harassment is not dismissed or trivialised. A zero-tolerance approach must be more than a slogan – it must be embedded into everyday practice, backed up by training, policies and accountability. By taking proactive and preventative measures, schools can ensure they meet their duties and create a culture that supports both staff and pupils alike.

Ian Wasserman