Sexual harassment in the workplace is not a new issue, but the legal expectations placed on employers have changed significantly over the past couple of years. What was once an area where organisations could afford to be reactive is now firmly one where proactive prevention is a legal requirement.
If an employer does not have suitable procedures and training in place, and a Tribunal finds in favour of the claimant, compensation can be increased by up to 25%.
Employers are therefore under increasing pressure not only to respond properly when concerns are raised, but to make sure managers and staff are properly trained and preventative measures are in place before issues arise.
The legal landscape has shifted
On 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force. This introduced a new, explicit duty on employers to take reasonable steps to prevent sexual harassment of employees in the course of their employment.
This duty is:
- Anticipatory, not reactive
- Enforceable by the Equality and Human Rights Commission
- Concerned with prevention, not simply response after the event
EHRC guidance also makes clear that the duty includes taking reasonable steps to prevent sexual harassment by third parties, such as clients or customers, even though there is not a standalone Tribunal claim for third party harassment under the current preventative duty.
Importantly, simply responding once something has gone wrong is no longer enough. Employers are expected to assess risk in advance and put preventative measures in place.
A higher bar under the Employment Rights Act 2025
The position is set to strengthen further under the Employment Rights Act 2025, which changes the duty from taking reasonable steps to taking all reasonable steps to prevent sexual harassment. Official implementation material indicates that this stronger duty is part of the next phase of reform, with further detail on what counts as reasonable steps expected through regulations.
This creates a higher legal bar and makes it clear that employers must be able to demonstrate ongoing, effective action, not just policies sitting on a shelf.
As noted above, where an employer is found to have breached the preventative duty, an Employment Tribunal can increase compensation by up to 25%. Official Tribunal statistics for 2023 to 2024 show that the highest award in the sex discrimination jurisdiction was £995,000, and the average award in sex discrimination cases was £53,403.
What sexual harassment can look like in practice
Sexual harassment is defined in the Equality Act 2010 as unwanted conduct of a sexual nature which has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
That creates a broad scope for complaints, and the effect on the individual is a key part of the legal test.
In practice, this does not always involve overt behaviour. Cases often involve conduct that is minimised internally or dismissed too quickly, for example:
- Inappropriate touching described as harmless
- Comments or jokes that are brushed off as banter
- Conduct that is not aimed directly at one person but still creates an offensive environment
- Behaviour that has become normalised within a team
That is one reason why training and manager awareness matter so much. The issue is often not whether the employer has a policy, but whether people understand what sexual harassment can actually look like and how concerns need to be handled.
What employers are now expected to do
EHRC guidance makes it clear that employers should be able to evidence a joined up and preventative approach. That includes risk assessment, clear policies, effective reporting routes, appropriate action when concerns are raised and regular training. EHRC’s employer guidance also sets out a practical 8 step approach to preventing sexual harassment at work.
In practice, employers should be thinking about:
- Risk assessments to identify where sexual harassment could arise
- Action to address identified risks
- Clear and up to date policies and procedures
- Ongoing training for staff and managers
- Proper documentation, including training records and attendance
Remaining passive, or only reacting once something has gone wrong, is increasingly likely to leave employers exposed.
Why training is essential
Policies alone are not enough. One of the clearest steps an employer can take is meaningful and practical training.
Training should help employees understand what sexual harassment is, what boundaries look like in practice and how to raise concerns. Managers also need to understand how to respond appropriately, how to avoid minimising behaviour and how to handle concerns in a way that is fair, lawful and properly documented.
This is not about box ticking. It is about giving people the confidence and clarity to act appropriately, and giving employers the evidence they need to show they have taken prevention seriously.
A proactive approach protects everyone
The direction of travel in employment law is clear. Sexual harassment is no longer treated as an unfortunate risk to be managed after the event. It is something employers are expected to actively understand, prevent and deal with proactively.
By investing in risk assessment, policy updates, and manager and staff training, organisations can reduce legal risk, protect their people and create healthier workplace cultures.
Support with your approach
Many employers are now reviewing whether their current approach would stand up to scrutiny. That may mean updating sexual harassment policies, carrying out risk assessments and action planning, improving reporting routes, or making sure managers and staff are properly trained.
The key point is that prevention now needs to be visible, practical and evidenced. Waiting until a problem arises is no longer enough. Take a look at our sexual harassment training page for more inforamation or get in touch if you have a specific enquiry.Â
