What the law expects of employers on sexual harassment

Preventing sexual harassment has long been a core responsibility for employers, but since October 2024, the legal standard has changed.

Under the Worker Protection Act 2023, employers are now under a specific duty to take all reasonable steps to prevent sexual harassment in the workplace.

This requires active, ongoing efforts to reduce risk and protect staff.

What is sexual harassment?

It is unwanted sexual behaviour that violates someone's dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.

No one wants to work in this environment, and certainly no business wants to have this reputation or worry of litigation.

Under the Equality Act 2010, protection applies to:

• Employees and workers.
• Contractors and self-employed individuals hired for personal work.
• Job applicants.

Harassment counts even if the effect was not intended, or if it was intended but didn’t occur.

Employers must now take all reasonable steps to prevent sexual harassment

It may seem like common sense, however, in 2024, ACAS received twice as many sexual harassment calls as the year before.

Real change requires a business-wide commitment and a clear zero-tolerance stance.

From October 2024, the Worker Protection Act 2023 (amending the Equality Act 2010) introduces a new legal duty whereby employers must proactively prevent sexual harassment, not just respond to it.

This means you must do more than ‘have a policy’. The move away from taking ‘reasonable steps’ to all reasonable steps marks a big increase in employers’ legal responsibilities.

Key changes employers need to know

• Expanded duty of care – Employers are now explicitly responsible for protecting workers not only from internal harassment but also from harassment by third parties (e.g., clients, customers, contractors).

• Proactive measures required – Employers will need to actively assess potential risk areas, implement action plans, establish clear reporting channels, and conduct regular risk assessments.
• Financial penalties – If a tribunal finds that an employer failed to meet this new threshold, it may impose up to a 25 per cent uplift on any compensation awarded for sexual harassment. Remember, harassment cases are UPCAPPED!

What should employers do now?

These changes are in effect now, so early action is essential. While training remains key, one of the most practical steps you can take is implementing a clear, dedicated anti-harassment policy.

Make sure all staff are aware of the policy and know how to report concerns. Support it with training and a culture that doesn’t tolerate harassment.

Employers should assess the risk of sexual harassment in their workplace and take proactive steps to reduce it.

If you don’t have a policy or want to strengthen your current approach, we recommend putting one in place that meets the new legal standards.

Need a starting point? We are happy to help with a draft.

Top tips to build a culture free from sexual harassment.

• Clearly communicate zero tolerance to all staff, clients, contractors, and visitors.
• Encourage open, judgement-free reporting of harassment or unsafe situations.
• Set behaviour standards for work-related events—your values apply everywhere.
• Appoint a senior leader to oversee anti-harassment efforts and lead by example.
• Remember compensation is uncapped, not to mention the reputational damage.
• Ensure that your business is on board and doing everything possible to ensure your business is free from a culture of Sexual Harassment.

For more support in strengthening your policies and creating a respectful workplace, connect with Juliet Mellues or Kim Baden, who will be happy to support you in creating a safe and respectful working environment.

Their support includes policy design, training and education on this topic and any other related HR processes or documentation to support your business create the best working environment for you and your people.

Juliet Mellues