Prevention of sexual harassment: Is your business prepared for the new, extended duty?

Sexual harassment in the workplace is not a new problem, but the law's expectations of employers are shifting fast. If you have not already taken proactive steps to prevent it, it is important that as an employer you consider this issue now.

Under the Equality Act 2010, ‘sexual harassment’ is broadly defined. It covers unwanted conduct of a sexual nature that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. It is not limited to physical conduct and can include verbal comments, messages, imagery, and other behaviours.

The current law

In October 2024, a new preventative duty came into force under the Worker Protection (Amendment of Equality Act 2010) Act 2023. This means that employers are required to take reasonable steps to prevent sexual harassment in the workplace. This is a significant shift from the previous position: rather than simply responding to complaints after the fact, employers must now anticipate the risk factors within their business and proactively identify steps to mitigate them.

To assist employers in complying, the Equality and Human Rights Commission (EHRC) published updated technical guidance alongside the duty, setting out practical measures employers should consider. These include risk assessments, clear policies, training and clear reporting mechanisms (all of which are detailed below).

Failing to comply with the preventative duty carries real consequences, including a compensation uplift of up to 25% on a successful sexual harassment claim, and the potential for enforcement action by EHRC. Both litigation and compliance with EHRC requirements are costly and can absorb management time, meaning that getting this duty right is important.

Changes under the Employment Rights Act 2025

The government has signalled clearly that it considers the current duty a starting point, not the finish line, with the Employment Rights Act 2025 seeking to strengthen the preventative duty further. From 30 October 2026, the requirement will change from taking 'reasonable steps' to taking 'all reasonable steps'. This is a higher threshold that narrows the room for employers to argue they had done enough.

Comprehensive details are still awaited, with the government anticipated to consult and then publish regulations in 2027 setting out what exactly amounts to 'all reasonable steps'. The new regulations are to be read alongside the existing EHRC technical guidance, and are expected to go into greater depth on matters such as:

• The specific steps employers in different sectors and of different sizes should take.
• Enhanced expectations around third-party harassment, including reinstatement of a standalone cause of action for harassment by third parties.
• Greater specificity on the content, frequency, and reach of training.
• Expectations around record-keeping and evidence of compliance.

Key implementation dates

• October 2024: The preventative duty to take ‘reasonable steps’ came into force.
• 30 October 2026: Duty strengthened to ‘all reasonable steps’.
• 2027: Regulations are expected setting out what ‘all reasonable steps’ requires in practice.

Practical steps for employers right now

You should not wait for the 2027 regulations to be published to act. The duty is already in force, and the bar is only going up. Here is what you should be doing now as an employer:

• Conduct a thorough, tailored risk assessment. This must properly engage with the specific risks within your business, rather than a tick-box exercise. Keep a written record of the assessment and, crucially, document your rationale where you have concluded that certain steps are not reasonable or proportionate.
• Evidence your decision-making. Where you have decided that a particular step is not reasonable for your organisation, make sure you can back that up. This might include a written cost-benefit analysis, records of internal discussions or team meeting minutes.
• Make your policy specific. A generic policy will likely not cut it. If, for example, your workforce is prone to lone-working, build a specific protocol into the policy. If your staff regularly interact with external clients, address that. The key is to demonstrate that you have given genuine, tailored consideration to the risks within your organisation. You may want to consider whether a standalone sexual harassment prevention policy, separate from your general harassment or dignity-at-work policy, would be appropriate. In most cases, a standalone policy is advisable. It demonstrates that specific consideration has been given to the new duty.
• Invest in training. Training is the single most effective tool for educating all staff on what sexual harassment is and how to identify it. Your people are your first line of defence. They play a critical role in spotting risks and upholding the standards you set. Tailored training is also the most practical way of communicating your preventative steps and embedding them in day-to-day working culture.
• Establish clear reporting channels. Ensure your workforce knows how, and to whom, to report concerns about sexual harassment. Reporting routes should be accessible, confidential, and clearly communicated. Consider whether anonymous reporting options are appropriate for your organisation.
• Review and repeat. Compliance is not a one-off exercise. Risk assessments, policies, and training should be reviewed regularly and updated as your business and workforce evolve.

Supporting your business to prevent sexual harassment

Taking action now can help you avoid costly consequences later. By putting these steps into practice, you can strengthen your approach to preventing sexual harassment and prepare your business for the obligations ahead.

Visit our 'Insights' page to find out more about our sexual harassment prevention training for managers and explore our wider range of training for managers and employers. If you have any questions about the issues covered above, please get in touch by email.