Sexual Harassment in the Workplace
Since October 2024, employers have had a legal duty to take reasonable steps to prevent sexual harassment of their workers. From 30 October 2026, that duty becomes stronger: employers will be required to take all reasonable steps to prevent sexual harassment. Employers will also have greater responsibility for harassment by third parties, such as customers and clients.
The wording is important and the focus going forwards will be much more on prevention, as opposed to reaction. So, what does your business need to consider to genuinely prepare for this new piece of legislation?
If it is no longer enough to deal appropriately with a complaint after something has happened, then Employers should be actively considering where sexual harassment could occur and what they can reasonably do to reduce that risk. ACAS recommends assessing workplace risks and putting preventative measures in place. A good place to start is listing where those risks might occur in your business, for example:
• at work social events;
• where there are power imbalances;
• during business travel; and
• where employees regularly interact with customers, clients or members of the public.
Think about your own workplace. Are there situations where boundaries can become blurred? Do employees work alone with customers? Are alcohol-fuelled social events common? Are junior employees working closely with much more senior colleagues? All of these scenarios could present a risk.
Having a policy is the starting point, but it’ s not enough on its own. Here are some further considerations:
• creating clear, trusted routes for reporting concerns;
• considering risks from customers, suppliers and other third parties;
• setting behavioural expectations at work-related social events; and
• reviewing arrangements regularly rather than treating this as a one-off exercise.
ACAS also stresses the importance of creating a culture where employees understand what sexual harassment is and feel able to report concerns. So, if you’ re reading this thinking,“ nothing like that has ever happened here,” consider whether the absence of a formal complaint means an absence of risk. Employees sometimes remain silent because they feel embarrassed, they fear repercussions or they believe nothing will be done. Employers need to be able to demonstrate what they did before a problem arose.
Where an Employment Tribunal finds that sexual harassment occurred and concludes that the preventative duty was breached, compensation can be increased by up to 25 %. The Equality and Human Rights Commission also has enforcement powers. Preparing now for the new legislation is key. Ask yourself: if an employee raised a sexual harassment complaint tomorrow, could you confidently demonstrate the steps your business had already taken to try to prevent it? If the answer is“ probably not”, there is work to do.
• carrying out and documenting a sexual harassment risk assessment;
• ensuring policies clearly explain unacceptable behaviour;
• providing meaningful training for employees and managers;
For support reviewing your policies, risk assessments, manager training or harassment prevention arrangements, please get in touch.
Ruth George- HR Consultant ruth @ ruthgeorge. com | 07899 920075
© Ruth George HR Consulting. This is not legal advice and is provided for general information only.
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