There is now a responsibility for employers to take “reasonable steps” to prevent sexual harassment in the workplace after an update to the Equality Act 2010 (the Act).
This preventative duty is seen as a milestone in ensuring safer, more inclusive working environments.
What does this mean for employers in practical terms as we move forward?
What is the new duty?
The new duty requires employers to actively anticipate and address situations where sexual harassment might occur.
It is not enough to respond after an incident, employers are now expected to implement measures to prevent harassment before it happens. The Equality and Human Rights Commission (EHRC) has made clear that an employer is unlikely to be able to comply with the preventative duty unless it carries out a risk assessment to identify risks and the control measures required to minimise the risks.
Other required measures include creating a workplace culture where harassment is less likely and ensuring that policies and procedures are well-communicated and actionable.
If harassment does occur, employers must act swiftly to prevent it from happening again.
Failing to fulfil this duty can have serious consequences, including increased compensation orders of up to 25 per cent in employment tribunal cases where an employer is found liable for harassment.
Why has this duty been introduced?
Despite existing protections under the Act, sexual harassment remains a persistent issue in workplaces across the UK.
This new duty sends a clear message that prevention is as important as response.
By mandating proactive measures, the Government aims to create safer work environments and reduce the number of harassment cases.
The duty is also part of the objectives under the Employment Rights Bill to tackle poor productivity, insecure work, and strained industrial relations.
A safe, harassment-free workplace is fundamental to achieving these goals.
What does this mean for employers?
Employers must take tangible, reasonable steps to meet their new obligations. This could include:
- Drafting and implementing a clear sexual harassment policy – A policy should outline unacceptable behaviours, the procedure for making complaints, and the consequences for breaches. Our employment law team can help you draft a legally sound policy.
- Providing regular training for staff and management – Training should focus on recognising, preventing, and addressing harassment.
- Creating an open and supportive culture – Employees should feel confident to raise concerns without fear of retaliation. Leadership plays a key role in setting the tone for an inclusive and respectful workplace.
- Regularly reviewing workplace practices – Employers should audit their policies, procedures, and workplace dynamics to ensure they remain effective and fit for purpose. This should include risk assessments.
Enforcement and consequences
While employees cannot directly sue their employers for breaching the preventative duty, failure to comply can have repercussions.
If an employment tribunal finds an employer liable for sexual harassment, it will also assess whether the employer met their duty to prevent it.
A breach of this duty can result in a financial penalty, with compensation uplifted by up to 25 per cent.
The EHRC also has the power to enforce breaches of this duty, and workers can report breaches directly to the EHRC adding another layer of accountability for employers.
How can employers prepare?
To ensure compliance and protect your business, employers should:
- Familiarise themselves with the updated guidance from the EHRC and Acas
- Identify areas where harassment is more likely to occur and address them
- Speak to our team with advice on drafting policies, implementing training, and ensuring your practices meet the new requirements.
If you need support in understanding or implementing the new requirements, our team of employment law experts is here to help. Contact us today.