Employers are facing increasing legal obligations when it comes to preventing sexual harassment in the workplace.
The law changed significantly in October 2024, when the Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced a proactive duty on employers requiring them to take reasonable steps to prevent sexual harassment from occurring. Prior to this, employers could defend claims by demonstrating that reasonable preventative measures had been taken, but there was no positive obligation to do so.
The requirements under this preventative duty have now gone even further, and with effect from 30 October 2026, employers are subject to a strengthened duty to take "all reasonable steps" to prevent sexual harassment, including harassment by third parties such as clients, customers, suppliers, contractors and visitors.
In this article, Katie Ash, Head of Employment Law at Banner Jones Solicitors, explains the practical steps employers should take to protect their workforce and ensure ongoing compliance.
What is sexual harassment?
Sexual harassment is unwanted behaviour of a sexual nature. The Equality Act 2010 sets out the law on sexual harassment which protects the following people at work:
- employees and workers;
- contractors and self-employed people hired to personally do the work; and
- job applicants.
To constitute sexual harassment, the unwanted behaviour must have either:
- violated someone's dignity, whether it was intended or not; or
- created an intimidating, hostile, degrading, humiliating or offensive environment for them, whether it was intended or not.
How can you and your business prevent sexual harassment?
The first step for employers is understanding what sexual harassment is and educating their workforce.
Katie explains “Employers should be proactive in how they prevent and tackle sexual harassment in the workplace. It is important not to look at this like a ‘tick-box’ exercise. Employers will need be able to demonstrate that they have considered the scenarios where sexual harassment could happen and show evidence of all of the reasonable steps they have taken to prevent it”.
Employers should also regularly review the effectiveness of those measures and update them where risks or workplace practices change.
Some examples of reasonable steps to prevent sexual harassment in the workplace include:
Policies and procedures:
Whilst a standalone policy won’t change culture or prevent sexual harassment from happening, it is important to have written policies and guidance on dealing with these matters. Policies should include an explanation of what sexual harassment is legally and give examples of what it is, as well as outlining the responsibilities of all staff in preventing and addressing it. You may also wish to update or implement a Relationships at Work policy as there can sometimes be a heightened risk in the power imbalance between a manager and someone they manage being in a relationship, which can give rise to sexual harassment claims.
Training and development:
There should be regular training sessions for all staff so that they understand what sexual harassment is and their role in preventing and addressing it. Line managers and supervisors in particular, have an important role in identifying, challenging and dealing with any unfair treatment, including, and in particular given the enhanced proactive duty to take all reasonable steps to prevent, sexual harassment. Managers therefore need to have adequate training, education and guidance to enable them to act.
Reviewing and updating grievance and disciplinary procedures:
There needs to be a clear process for workers to follow when making complaints about sexual harassment. Employers need to respond to these complaints promptly, carrying out a fair and thorough investigation. Any evidence of sexual harassment should be investigated and dealt with under the disciplinary procedure. Employers need to act swiftly where there are allegations of sexual harassment , and where appropriate, a clear message should be sent out to employees that such behaviour will not be tolerated.
Organisational and cultural change:
Executive and senior members of staff have a defining influence on the culture of a business and its working environment. They set the tone for expected behaviour in the workplace. It is therefore important that senior members of staff ensure they demonstrate the values and behaviour that underpin dignity, respect and inclusion.
There will be no “one size fits all” approach to the new proactive duty, and compliance will require regular monitoring.
What happens if you don’t comply?
Whilst a worker cannot bring a free-standing claim solely for breach of this new legal duty, if the Employment Tribunal makes a finding of sexual harassment in the course of employment, they must consider whether the employer has complied with the positive duty on them. If the Employment Tribunal finds there has been a failure to comply with this duty, they may uplift any award of compensation awarded to the employee by up to 25% to take account of this failure.
In addition to an increase in compensation to an employee, the Equality and Human Rights Commission (EHRC) may seek an action plan from the employer or require them to enter into a binding agreement under which they commit to bring about change (with the possibility of a court injunction if necessary).
It goes without saying that the harm that can be done to businesses who have failed to protect their workers, or treat them fairly, can be long-lasting and detrimental, causing financial harm to business and significant difficulties with recruitment. Just look at the bad publicity surrounding the Post Office Horizon scandal and the revelations of abuse claims of female staff at Harrods.
How can we help you?
We can assist you by providing advice on the preventative steps your business can take, including drafting policies and providing training to you and your staff to help protect your business.
Contact our Employment Law specialists today at employment@bannerjones.co.uk or call the team on 01246 605132.
Training
Find out more about Sexual Harassment Training for businesses here - NEW - Sexual Harassment Prevention Training Package | Banner Jones Solicitors in Sheffield, Chesterfield, Dronfield & Mansfield
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