New employer duty to prevent sexual harassment in the workplace

In recent years, awareness of sexual harassment in the workplace and work-related environment has increased, largely due to social movements like #MeToo, along with advocacy groups, reports, and inquiries calling for stronger employee protection and greater employer accountability.

Despite this increased awareness, the scale of the issue remains a serious risk for both employers and employees, with a government survey finding that 29% of those in employment experienced sexual harassment at work in the previous 12 months.

In 2021, the government published a consultation on sexual harassment in the workplace, exploring various areas for potential reform.

Three years on, the Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force on 26 October 2024.

Employment

HR services

What is sexual harassment in the workplace?

The Equality and Human Rights Commission (EHRC) defines sexual harassment as "unwanted conduct of a sexual nature" that aims to or results in "violating a worker's dignity" or "creating an intimidating, hostile, degrading, humiliating, or offensive environment" for the worker.

Changes introduced by the Worker Protection Act 2023

The Act has introduced a new anticipatory duty requiring employers to take reasonable steps to prevent sexual harassment in the workplace. This means employers must now demonstrate proactive measures such as improving staff awareness, clear policies, reporting procedures, and workplace risk assessments, rather than simply reacting to incidents as they occur.

If an employee successfully brings a sexual harassment claim, tribunals can now increase the total compensation award by up to 25% if they find the employer has breached the new legal duty to take action to prevent sexual harassment.

How we can help

To help employers navigate the new law and protect themselves and their employees from sexual harassment, our employment team, comprised of leading lawyers and HR professionals, has created a Preventing Sexual Harassment at Work Toolkit. Our toolkit supports employers in preventing sexual harassment in the workplace through guidance on compliance, cultural change, and sector-specific training, empowering both employers and employees to build a culture of safety and respect.

We also offer bespoke, sector-specific training tailored to the individual needs of your organisation. Please get in touch to find out more.

Preventing Sexual Harassment at Work Toolkit

Our Toolkit can assist you with:

Understanding what sexual harassment is.
Complying with the new duty on employers to prevent sexual harassment.
Effecting cultural change to reduce the incidence of sexual harassment at work/the work-related environment.

Download our leaflet

A customisable document for workplace implementation. Designed for employers to modify clauses and related policies based on their organisation's specific conditions.

Full staff survey for staff to evaluate the current climate and culture around sexual harassment, providing insights into workforce experiences.

Risk assessment template enabling organisations to assess the specific risks of sexual harassment in their organisation and implement mitigating actions to reduce risk.

This tool is designed to support employee relations processes by documenting the decision to suspend an employee. Completing this form ensures a clear record of the decision, which can serve as evidence if the suspension is later challenged.