Employer’s Obligations in Relation to Preventing Sexual Harassment

A recent survey by WorkNest found that more than half of employers remain uncertain about whether they are complying with the new duty requiring employers to take proactive steps to prevent sexual harassment in the workplace.

Background

The new duty came into force on 26 October 2024. It requires all employers to take “reasonable steps” to prevent the sexual harassment of employees during the course of their employment.

The purpose of the duty is for employers to change from being reactive to sexual harassment scenario in the workplace to proactive prevention of the same.

A separate survey by Walksafe revealed that one in seven women have experienced sexual harassment at work.

Under the new duty, failure to take reasonable steps can expose employers to liability in employment tribunal claims, even when they are not directly responsible for the harassment.

Employers now therefore need to demonstrate that not only have they put policies in place, but that those policies are actively implemented, monitored, and effective.

The upcoming Employment Rights Bill will take this further, requiring employers to take “all reasonable steps” to prevent harassment.

What Counts as “Reasonable Steps”?

To comply with the duty, the following measures, when taken together, can count as reasonable steps take.

1. Undertake a sexual harassment risk assessment to identify high-risk areas. Consider social events, power imbalances, late working and third-party access. Identify how you can mitigate those risks and then
2. Develop and update your dignity at work policy to reflect the new legal requirements and ensure it has been circulated to all employees.
3. Provide mandatory, tailored training for all staff and managers. This should be refreshed regularly and included in induction programmes.
4. Establish clear reporting procedures, including anonymous tools to encourage disclosure.
5. Investigate any complaints immediately and thoroughly, ensuring investigations are fair and outcomes are communicated.
6. Implement measures to prevent sexual harassment by third parties, by displaying zero-tolerance notices in public-facing areas.
7. Engage your workforce through anonymous staff surveys to understand their perceptions and experiences.
8. Evaluate the effectiveness of your measures regularly, using feedback and data to refine your approach.

If you are an employer or employee affected by the above issue and want advice or support in connection with the same, or any employment law or HR issues more generally, please do not hesitate to contact us on 01206 239 761.