Since 26 October 2024, UK employers have been legally required to take ‘reasonable steps’ to prevent sexual harassment in the workplace. This proactive duty, introduced by the Worker Protection (Amendment of Equality Act 2010) Act 2023, means businesses must actively protect employees and foster a culture of respect and safety.
What is Sexual Harassment?
Every workplace should be a safe and respectful environment. Sexual harassment is any unwelcome behaviour of a sexual nature, verbal, non-verbal, or physical, that violates a person’s dignity or creates an intimidating, hostile, or offensive environment. A single incident can be enough to cause harm.
It also includes unfair treatment of someone because they have accepted or rejected unwanted sexual advances in the past. Examples include:
- Unwanted physical contact, suggestive remarks or persistent advances.
- Sharing or displaying offensive or explicit material, including online.
- Sexual comments, jokes or messages that make someone uncomfortable.
Harassment affects individuals and workplace culture alike. It can happen to anyone, even if they are not the intended target. Employers now have a clear legal duty to prevent harassment not just between colleagues but also from third parties, such as clients or suppliers.
Taking Action Against Harassment
Victimisation, treating someone unfairly for raising concerns about harassment, is just as serious. This could include exclusion from opportunities, dismissal or workplace retaliation.
Sexual harassment and victimisation are unlawful and will not be tolerated in any work-related context, including social events and online interactions. Employers must take clear, proactive steps to prevent harassment and respond effectively if it occurs. This may involve:
- Updating policies to set clear expectations.
- Providing regular training to staff and managers.
- Creating safe and confidential reporting channels.
- Taking appropriate action against those responsible.
If third-party harassment occurs, businesses should act swiftly to protect employees, whether that means issuing warnings, restricting access or reporting incidents to the police.
Preventing harassment is not just a legal requirement; it is about building a workplace where people feel safe, valued and respected. Taking action now creates a stronger, more inclusive workplace culture for everyone.
What are ‘Reasonable Steps’?
The law does not provide an exhaustive list of ‘reasonable steps’, but guidance from the Equality and Human Rights Commission (EHRC) suggests that employers should:
- Foster a No-Harassment Culture – Promote values of dignity, respect and inclusion, ensuring leadership sets the right example.
- Implement Clear Policies – Have a written anti-harassment policy that defines unacceptable behaviour and outlines clear consequences.
- Provide Regular Training – Deliver ongoing, interactive training to help employees and managers recognise, prevent and respond to harassment.
- Establish Effective Reporting Channels – Ensure confidential and accessible systems are in place for employees to report concerns without fear of retaliation.
- Conduct Risk Assessments – Regularly review workplace culture and identify risks that could contribute to harassment.
- Monitor and Improve Measures – Continuously evaluate the effectiveness of policies and training, making improvements where necessary.
The Duty to Prevent Third-Party Harassment
A key aspect of the new law is that employers are now responsible for preventing harassment from third parties, such as clients, customers, suppliers or contractors. If an employee is harassed by someone outside the business while working, the employer could be held accountable if they have not taken adequate preventative steps.
What Happens if Employers Fail to Comply?
Failing to take ‘reasonable steps’ can have serious legal and financial consequences:
- Increased Compensation – If an employer is found liable for sexual harassment, an Employment Tribunal can increase compensation awards by up to 25%.
- Reputational Damage – Public exposure of non-compliance can harm business reputation and employee trust.
- Regulatory Enforcement – The EHRC has the power to investigate and take enforcement action against non-compliant employers.
What Should Employers Do Now?
To comply with the law and create a safer workplace, employers should:
- Review and Update Policies – Ensure all HR policies are up to date and legally compliant.
- Provide Regular Training – Make training mandatory for all employees and senior leadership.
- Establish Clear Reporting Procedures – Employees must have a safe, confidential way to report concerns.
- Conduct Workplace Risk Assessments – Identify potential risks and take action to mitigate them.
- Take Immediate Action When Issues Arise – Investigate and address any allegations swiftly and fairly.
By taking these steps, businesses can not only comply with the law but also build a workplace where employees feel safe, valued and respected. Creating a harassment-free environment is not just a legal duty, it is a step toward a stronger, more inclusive workplace culture.
Creating a Safe & Compliant Workplace
As an employer, you want to build a workplace where everyone feels safe, respected and supported. By taking proactive steps now, you can create a positive and legally compliant environment that strengthens your team and your business. Our Employment team can provide you with clear, practical advice to help you navigate these new legal duties with confidence.
