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Are you an employer? You have a new statutory duty to prevent sexual harassment at work. Here is what you have to do.

Posted by: Alicja Bielawska

Categories: Employment

Date published: 22/04/2025

Are you an employer? You have a new statutory duty to prevent sexual harassment at work. Here is what you have to do.

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Since 26^th October 2024, a new statutory duty applies to all employers in the UK. Introduced by the Worker Protection (Amendment of Equality Act 2010) Act 2023, the law places a responsibility on employers to take reasonable steps to prevent sexual harassment in the workplace. The duty, supported by guidance from the Equality and Human Rights Commission (EHRC), marks a shift from reactive processes to proactive compliance.

Proactive approach to prevent sexual harassment

Please be aware that the employers are required to demonstrate that they have taken preventative measures, regardless of whether harassment has already occurred. The new approach anticipates potential risks, requiring employers to identify and act on them before incidents arise. This duty applies to all employers, across sectors and regardless of business size.

Extending the workplace beyond the office

The law does not confine the workplace to a physical office. Any setting connected to employment is included. That includes remote work, business travel, training days, conferences and social events. A risk that could lead to sexual harassment must be considered wherever staff are expected to be present for work-related purposes.

Employers must also consider harassment by third parties, namely clients, customers, or visitors, as they are expected to take reasonable steps to reduce exposure. This has practical implications for industries with customer-facing roles.

Compliance will depend on context. What counts as reasonable will vary based on the size and type of business, the number of employees, and the working environment. A full risk assessment must guide the employer’s decisions. It should identify where risks exist and set out practical actions to minimise them. These assessments need regular review.

Ensuring up-to-date written policies

Written policies must be up to date and operational. These should cover nonacceptable workplace conduct, reporting options and the consequences of misconduct. They must also set out how concerns are handled and who holds responsibility. The approach must be clear, accessible, and enforced. Unfortunately, many times, employees did not know how to report harassment where they worked or chose to not report for several reasons. The Department for Business and Trade in its 2024 proposal, highlighted its commitment to strengthening whistleblowing protections for workers, particularly in relation to sexual harassment. The proposal outlines measures to ensure that employees who report misconduct, such as sexual harassment, are eligible for employment protections. Workers face significant barriers when considering reporting sexual harassment, as highlighted by various surveys.

The importance of training

Training is a central requirement. Employers should provide learning that covers what sexual harassment is, how to report it, and how reports will be handled. Content must reflect the working environment. A factory, retail floor, and office each carry different risks and require different content. Training must also be reviewed regularly.

Accountability must rest at the top. The EHRC advises that a named person should lead compliance efforts, oversee risk reviews, monitor policy implementation and report to leadership on progress. This is not only a matter of internal governance. The EHRC itself holds enforcement powers. It can investigate, issue notices and seek court orders to require action. These powers apply even if no complaint has been made.

Failure to meet the new duty could be costly. If a tribunal finds that an employer failed to take reasonable steps and an act of harassment has occurred, compensation may be increased by up to 25%.

Ongoing compliance and review

Even though the legislation is focused specifically on sexual harassment, the same approach can be applied more broadly to other forms of workplace misconduct. Employers who choose to extend similar preventative measures across the board may strengthen their organisational culture and reduce legal exposure across other areas of equality law.

Employers should now ensure that risk assessments are in place, policies are operational and understood, and staff are trained appropriately. Preventative duties require continuous review, not one-off statements. A practical and documented plan will be essential.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.