Sexual Harassment: New Legal Duties for Employers

From October 2024, the Worker Protection (Amendment of Equality Act 2010) Act will come into force. This legislation introduces a new duty on employers to take reasonable steps to prevent sexual harassment in the workplace.

What’s Changing?

Previously, under the Equality Act, an employer could defend a harassment claim if they could show that they had taken reasonable steps to prevent it. However, there was no legal obligation to have such measures in place.

The new law shifts this balance by:

• Placing a proactive duty on organisations to put safeguards in place before an issue arises

• Increasing potential compensation by up to 25% if employers cannot demonstrate compliance

• Requiring employers to create safe, transparent, and supportive environments for staff

This duty applies only to sexual harassment, not harassment based on race, age, sexual orientation, disability, or religion.

What Counts as “Reasonable Steps”?

The Act does not give a fixed list, as what’s reasonable will depend on the size, nature, and risks within each workplace. However, examples include:

• Clear, accessible anti-harassment policies

• Training for all staff and managers, not just once but on a regular basis

• Confidential reporting channels that protect employees from retaliation

• Prompt and impartial investigations into complaints

• Leadership commitment to building a respectful and inclusive workplace culture

Why This Matters

If a sexual harassment claim succeeds, tribunals will consider whether an employer took reasonable steps to prevent it. Where they haven’t, compensation can be uplifted by up to 25%. Importantly, this uplift can also apply to other linked harassment claims, meaning the financial and reputational risks are significant.

What Employers Should Do Now

To prepare, businesses should:

1. Audit and update policies – make sure they reflect both the law and current best practice.

2. Train managers and employees – create awareness of acceptable behaviour and consequences.

3. Promote a culture of respect – ensure employees know harassment won’t be tolerated.

4. Review reporting processes – give employees safe and accessible ways to raise concerns.

5. Seek expert HR or legal support – check your approach is tailored and compliant.

Final Word

This legislation is a milestone in strengthening workplace protections. Employers who act now will not only stay compliant but also demonstrate their commitment to dignity, equality, and wellbeing at work. A proactive approach doesn’t just reduce risk—it builds trust, loyalty, and a positive reputation.