Back to Basics: Understanding Workplace Sexual Harassment in 2026
Workplace sexual harassment is not a new issue, but the expectations placed on employers are changing. What was once seen by some as a reactive obligation is now firmly a proactive duty. Employers are no longer simply expected to respond when something goes wrong. They are expected to take clear, reasonable steps to prevent sexual harassment from happening in the first place.
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For many businesses, this shift is significant. It requires a change in mindset as much as a change in policy. It is no longer enough to have a handbook that sits on a shelf or a policy that is only referred to when a complaint arises. The focus is now on what employers are actively doing, day to day, to create a safe working environment.
Here, we take a back-to-basics approach, explaining what workplace sexual harassment means in law, what the “reasonable steps” requirement involves, and why employers must now take a more proactive approach than ever before.
What Is Workplace Sexual Harassment Under UK Law
Sexual harassment is defined under the Equality Act 2010 as unwanted conduct of a sexual nature that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
This definition is deliberately broad. It covers a wide range of behaviours, from inappropriate comments and jokes to more serious conduct such as unwanted physical contact. Importantly, the focus is on how the behaviour is experienced, not just how it was intended.
This means that something intended as humour can still amount to harassment if it creates an offensive environment for the person on the receiving end. Employers must therefore be mindful of workplace culture as well as individual incidents.
The Shift Towards Prevention
Traditionally, many employers have focused on responding to complaints. If an issue was raised, it would be investigated and dealt with through disciplinary procedures. While this remains important, the legal and regulatory focus has shifted towards prevention.
Employers are now expected to take reasonable steps to prevent workplace sexual harassment before it occurs. This reflects a broader recognition that reactive measures alone are not enough to protect employees or reduce risk.
This shift is particularly relevant in light of increasing awareness around workplace culture and employee wellbeing. Employees are more likely to raise concerns, and organisations are expected to demonstrate that they have taken those concerns seriously.
What Are Reasonable Steps
The concept of reasonable steps is central to an employer’s defence in harassment claims. If an employer can show that they took all reasonable steps to prevent the conduct, they may be able to avoid liability.
However, what amounts to reasonable steps will depend on the circumstances. There is no single checklist that guarantees compliance. Instead, tribunals will look at what the employer actually did in practice.
Examples of reasonable steps may include:
- Having clear and up to date anti-harassment policies that are communicated to all staff
- Providing regular training to employees and managers on acceptable behaviour and how to report concerns
- Taking complaints seriously and investigating them promptly and fairly
- Creating a workplace culture where inappropriate behaviour is challenged and not ignored
These steps must be genuine and effective. Simply having policies in place is not enough if they are not implemented or understood.
Why Policies Alone Are Not Enough
Many employers already have policies on dignity at work or anti-harassment. However, having a policy is only the starting point.
A policy that is not actively used or reinforced will carry little weight if a claim arises. Tribunals will look at whether employees were aware of the policy, whether they received training, and whether the employer took steps to ensure it was followed.
For example, if training was delivered several years ago and never refreshed, it may not be considered sufficient. Similarly, if complaints were raised but not handled appropriately, the existence of a policy will not protect the employer.
The key question is whether the employer took practical steps to prevent harassment, not whether they had the intention to do so.
The Role of Training and Awareness
Training plays a crucial role in prevention. It helps employees understand what behaviour is acceptable and gives them the confidence to raise concerns if something is not right.
For managers, training is particularly important. They are often the first point of contact for complaints and play a key role in setting the tone within a team.
Effective training should not be a one-off exercise. It should be refreshed regularly and adapted to reflect changes in the law and workplace expectations.
Training should also be practical and engaging. Employees are more likely to remember and apply what they have learned if it is relevant to their day-to-day work.
Workplace Culture and Everyday Behaviour
Sexual harassment does not exist in isolation. It often reflects broader issues within workplace culture.
A culture where inappropriate jokes are tolerated or where concerns are dismissed can increase the risk of more serious issues developing. Conversely, a culture that promotes respect and accountability can reduce that risk significantly.
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Employers should consider how behaviour is managed on a day-to-day basis. Are issues addressed early, or are they allowed to escalate. Do employees feel comfortable speaking up, or do they fear negative consequences.
These are not just cultural questions. They are directly relevant to legal risk.
The Consequences of Failing to Act
Failing to take reasonable steps to prevent sexual harassment can have serious consequences for employers.
From a legal perspective, this can lead to liability for harassment claims, with compensation awards that may include injury to feelings as well as financial loss.
There is also a reputational impact. Allegations of harassment can damage an organisation’s standing with employees, clients, and the wider public.
Beyond this, there is a human cost. Employees who experience harassment may suffer from stress, anxiety, and a loss of confidence. This can affect not only the individual but also the wider team.
Practical Steps Employers Should Take Now
For employers looking to reduce risk and meet their obligations, a proactive approach is essential. This involves reviewing existing practices and identifying areas for improvement.
- Review and update anti-harassment policies to ensure they are clear, accessible, and reflect current expectations
- Provide regular training to all staff, with additional guidance for managers
- Encourage a culture where concerns can be raised safely and without fear
- Ensure that complaints are handled promptly, consistently, and fairly
- Monitor workplace culture and address issues early before they escalate
Taking these steps can help demonstrate that the employer is taking its responsibilities seriously.
Looking Ahead
The direction of travel in employment law is clear. Employers are expected to do more to prevent issues rather than simply respond to them.
Sexual harassment is an area where this expectation is particularly strong. The focus is on creating workplaces where inappropriate behaviour is less likely to occur in the first place.
For employers, this means embedding prevention into everyday practices. It is not a one-off exercise but an ongoing process that requires attention and commitment.
Take a Proactive Approach to Workplace Sexual Harassment
Understanding workplace sexual harassment and the requirement to take reasonable steps is essential for employers. It is no longer enough to rely on policies or reactive measures.
By taking a proactive approach, investing in training, and fostering a positive workplace culture, employers can reduce risk and create a safer environment for their employees.
Our business employment law experts support employers in navigating these challenges with clear, practical advice. If you would like guidance on reviewing your policies or implementing effective training, our Employment Law team is here to help.
