Employers’ duty on sexual harassment in the workplace

It is now clear that responsibility to address sexual harassment in the workplace is not just a moral obligation but also a legal one. Employers who fail to take steps to prevent harassment risk significant liability and reputational damage.

The Equality Act 2010 protects employees from sexual harassment at work and requires employers to take reasonable steps to prevent it. In October 2024, new provisions came into effect which strengthened employers’ obligations. These included a new statutory duty on employers to take “reasonable steps” to prevent sexual harassment of their staff.

“Of course, there will always be those one-off occasions no one can prevent, but with careful planning, the correct policies in place and a structured and well documented approach, business owners can lessen the risks of tribunals and lengthy and sometimes costly workplace scenarios,” said Senior Associate Solicitor, Carley Dhand.

What is sexual harassment?

The Equality Act 2010 defines sexual harassment as conduct of a sexual nature - unwanted or inappropriate - that either breaches someone's dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.

Until recently, employers were only vicariously liable for harassment if they failed to take reasonable steps to prevent it. The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced a new proactive duty, requiring employers to take reasonable steps in advance to stop harassment occurring. Although in force for almost a year, many businesses and employers remain unaware of these obligations.

Employers statutory preventative duty

“They now have a statutory preventative duty to take reasonable steps to stop sexual harassment before it occurs—not just respond after the fact.  Obviously, each workplace is different in size, sector and risk profile, but the law is still the same,” said Carley Dhand.

“Above all else risk assessments and training are key moving forward as policies alone are not going to cut it, there must be engagement, understanding and involvement.”

“The more employers tailor training to the reality of working life the better. There is no point using office or shop-based scenarios for factory staff and we find that the responsible businesses we advise are increasingly focusing on tailoring their anti-harassment training to align more closely with their specific operational contexts,” she added.

1. Publish a zero-tolerance policy – set clear standards and cover harassment by third parties.
2. Carry out risk assessments – focus on high-risk situations such as parties, late shifts, or lone working.
3. Open confidential reporting channels – including anonymous options.
4. Train staff and managers – practical, scenario-based training that reflects your workplace.
5. Act on complaints quickly – investigate fairly, protect complainants, and monitor outcomes.

“As with most employment law measures it’s all about good communication, the polices need to be publicised widely and staff need to be engaged with feedback and exit interviews as part of the process,” advised Carley.

“Non-compliance brings both legal and reputational consequences,” warned Carley. “Employment tribunals must consider whether the preventative duty was met and failing to do so can result in up to 25 % uplift in compensation awards.”

The focus is clear for business owners moving forward; prevention through policy, culture, training, and responsiveness, backed by robust documentation. Employers who embed these standards not only comply legally but foster safer, more respectful workplaces.

How can we help your business?

Our Employline legal services offer businesses of all sizes access to specialist employment law advice to help mitigate and prevent issues in the workplace.  The Employline services are developed and delivered by qualified senior employment law solicitors from a UK Leading Law firm at a fixed-fee.

For further information on our legal servcies for businesses or for legal advice on all aspects of employment law contact our solicitors on 0161 785 3500 or email employline@pearsonlegal.co.uk

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.