The duty to prevent sexual harassment becomes law

In October 2024, the new pro-active duty to prevent sexual harassment in the workplace came into force. This means that, as employers, it’s your legal duty to take reasonable steps to prevent sexual harassment in your workplace – and not just harassment by colleagues but also third party harassment too.

What happens if you fail to protect your employees?  

The Equality and Human Rights Commission is responsible for investigating non-compliance. They will issue unlawful act notices, require action plans to be prepared and, if the action plan is not followed, levy potentially unlimited fines.

If you lose a sexual harassment claim at tribunal because you failed to comply, then the tribunal can increase the compensation you owe by up to 25%.

You need to review the policies and processes you currently have in place and consider critically whether any further steps should be taken to prevent sexual harassment.

The Equality and Human Rights Commission has published an 8-step guide to preventing sexual harassment. Here are the 8 steps:

1. Develop an effective anti-harassment policy
2. Engage with staff
3. Assess risk and take action to minimise risk
4. Put in place clear reporting channels
5. Provide training for all staff
6. Act promptly if a complaint is made
7. Consider any specific harassment risk posed by third parties and take steps to avoid it
8. Monitor the effectiveness of your action plan

Further reading

• Read our previous blog Equality and Human Rights Commission publish draft changes to guidance on sexual harassment
• Employer 8-step guide: Preventing sexual harassment at work | EHRC
• New protections from sexual harassment come into force – GOV.UK
• ACAS urges employers to act now on sexual harassment | Acas