What Is the Duty to Prevent Sexual Harassment?
Since 26 October 2024, UK employers have been under a new legal duty to proactively prevent sexual harassment in the workplace, introduced via the Worker Protection Act 2023 under the Equality Act 2010.
This duty applies to all employers and represents a clear shift from reactive responses to proactive prevention. Employers must now anticipate risks, implement safeguards, and foster a culture where inappropriate behaviour is less likely to occur, not just respond after the fact.
What “Reasonable Steps” Must Employers Take?
The Equality and Human Rights Commission (EHRC) outlines eight key steps employers should follow:
- Anti-harassment policy
- Staff engagement
- Risk assessment
- Reporting systems
- Training
- Complaint handling
- Third-party harassment measures
- Monitoring and evaluation
These are not optional. Failure to take reasonable steps can result in an uplift of up to 25% in tribunal compensation awards.
Why This Duty Is Ongoing, Not One-and-Done
This duty is continuous. Risk assessments must be treated as live documents, evolving with workplace changes.
Training should be refreshed regularly and tailored to specific roles and risks. Policies, including conduct, disciplinary, and social media, must be reviewed consistently.
Employers should also actively seek input from staff, unions, and employee networks to ensure measures are grounded in real experiences, not assumptions.
Enforcement: What Happens If You Don’t Comply?
The EHRC has significant enforcement powers, including investigations, unlawful act notices, and court injunctions.
Additionally, employment tribunals can apply a 25% uplift to compensation where employers fail to meet their preventative duty.
For example, tribunals have criticised employers who ignored known risks, such as repeated inappropriate behaviour in customer-facing roles, demonstrating that failing to act proactively can significantly increase liability.
What’s Changing in 2026: Employment Rights Bill
2026 is a pivotal year, with two key phases of reform that employers must understand.
From April 2026:
- Sexual harassment will become a protected whistleblowing disclosure
- Workers raising concerns will gain enhanced legal protection
- Employers must handle complaints with the same care as formal whistleblowing cases
From October 2026:
- “Reasonable steps” becomes “all reasonable steps”
- Employers will be liable for third-party harassment (e.g. customers, clients)
- Time limits for claims are expected to extend from 3 to 6 months
- NDA use and protections will tighten further
Together, these changes significantly raise the bar. Waiting until October 2026 is not a viable strategy; preparation should already be underway.
Sector-Specific Risks and Tailored Actions
Certain sectors carry higher risk, including hospitality, retail, healthcare, and education, often due to customer interaction, power dynamics, or informal environments.
However, risk is not limited to physical workplaces. Remote working, work events, and conferences all introduce scenarios where boundaries can blur.
Effective prevention requires a tailored, risk-based approach, not a generic policy document.
Action Plan: What Employers Should Do Now
✔ Conduct a harassment-specific risk assessment
✔ Refresh policies and make them accessible
✔ Schedule regular harassment training
✔ Set up anonymous reporting mechanisms
✔ Review third-party contracts and expectations
✔ Prepare documentation to evidence compliance
✔ Communicate commitment clearly to staff
✔ Start preparing now for April and October 2026 changes
To support this, ICENA offers a free sexual harassment risk assessment tool designed to help employers identify gaps quickly and take practical action.
For organisations needing more tailored support, ICENA also provides expert consultancy and workplace training programmes, helping you not only meet legal requirements, but build a safer, more accountable workplace culture.
FAQs on the Employer Duty to Prevent Sexual Harassment
What counts as a “reasonable step”?
Measures that are practical, proportionate, and effective in reducing risk based on your organisation.
Are we liable for third-party harassment yet?
Not yet but this will change in October 2026.
What happens if no one reports anything?
You still need to demonstrate proactive prevention. A lack of complaints does not equal compliance.
Do small businesses have to comply?
Yes. The duty applies regardless of size.
What’s the difference between “reasonable” and “all reasonable” steps?
“All reasonable steps” requires employers to go further, demonstrating that every feasible preventative measure has been considered and implemented.
