Sexual harassment remains a pressing workplace issue and one that employers cannot afford to ignore.
The legal duty on employers to tackle this problem changed significantly on 26 October 2024, when the Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force.
This law introduced a proactive duty on employers to take “reasonable steps” to prevent sexual harassment of workers during the course of their employment.
One year on and many employers are still adjusting to these new obligations, but with further changes expected in the Employment Rights Bill in this area, it is worth revisiting.
What the duty to prevent sexual harassment requires
The requirement is not about reacting once an incident has taken place, but about anticipating risks and taking steps to prevent harassment from happening in the first place.
Employers must:
- Put in place reasonable and proactive measures to prevent harassment.
- Ensure that, if harassment does occur, action is taken to stop it happening again.
- Recognise that compliance is ongoing and needs regular review.
This duty is specific to sexual harassment and does not extend to other types of harassment under the Equality Act, such as those relating to age, race or disability.
Failure to have the right measures in place can leave employers exposed to the potential of an employment tribunal claim and so shouldn’t be taken lightly.
In addition, Employment Tribunals can uplift the employee’s discrimination compensation by up to 25 per cent and the Equality and Human Rights Commission has the power to investigate and take enforcement action.
These obligations require businesses to be proactive in their approach.
What should businesses be doing?
If you haven’t already there are four critical steps that employers should either have undertaken or should act swiftly on. These are:
- Updating policies with clear examples and simple reporting routes
- Offering more than one way to report concerns, including anonymous options
- Provide regular, practical training for staff and managers
- Ensure leaders set the tone and take responsibility
- Undertake risk assessments relating to sexual harassment
If you haven’t taken any steps since the Act came into effect last year then you cannot afford to wait. It is important to take action and seek legal advice if you need it.
Measuring effectiveness
A year on, the most effective employers are those who have moved beyond policies on paper to put practical systems in place.
Measuring effectiveness is central to compliance and there are several ways to do this:
- Anonymous staff surveys to gauge employees’ experiences, perceptions of safety and confidence in reporting mechanisms.
- Analysis of reported incidents, including those that do not progress to formal disciplinary action, to identify patterns or recurring problems and how employees can be better protected.
- Risk assessments to ensure policies and procedures adapt as the organisation grows or changes.
- Regular training updates to ensure employees and managers understand what constitutes harassment and how to respond.
These measures not only reduce risk but also build trust, encouraging employees to come forward if issues arise.
What’s next?
The Employment Rights Bill, expected to become law in November 2025, will strengthen these obligations further. Currently it is expected that:
- From April 2026, disclosures about sexual harassment will qualify as protected disclosures (whistleblowing), meaning workers cannot be dismissed or disadvantaged for raising concerns.
- From October 2026, employers will need to take “all reasonable steps” (a higher standard than the current “reasonable steps”) to prevent sexual harassment.
- From the same date, employers will also become directly liable for third-party harassment, such as harassment by clients, customers or members of the public. Employees will be able to bring claims if employers fail to protect them.
Continuous improvement
The key takeaway one year on is that compliance is not static. It is expected that from 2027, there will be the power to enable regulations to specify steps that are to be regarded as reasonable. Employers need to review, revise and adapt their policies and practices regularly to ensure they remain effective.
With stronger obligations on the horizon, employers that act now to embed a culture of respect, trust and accountability will be best placed to protect their employees and remain compliant.
For support with reviewing and improving your approach to preventing sexual harassment, please speak to our employment law team.