How Do I Prevent Sexual Harassment in the Workplace?

Sexual harassment in the workplace is not just a reputational or moral issue - it is a legal risk that can have serious financial and operational consequences for employers. Since the introduction of new UK legislation in October 2024, businesses now have a positive legal duty to take reasonable steps to prevent workplace sexual harassment.

For employers, this means going beyond policies and promises. It requires real, practical action to protect your team and your business. In this guide, we answer the question that many employers are asking - "How do I prevent sexual harassment in the workplace?"

Under the Equality Act 2010, sexual harassment is defined as unwanted conduct of a sexual nature that either violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. This legal definition reflects the reality that harassment can be verbal, physical, or non-verbal, and that the intent behind the behaviour is less important than the impact it has on the person experiencing it.

Examples of sexual harassment include:

• inappropriate or suggestive comments
• unwanted touching or physical contact
• sharing sexual content via email or messaging apps
• telling jokes with a sexual undertone
• applying pressure to engage in sexual behaviour or relationships

Even if the individual responsible for the behaviour believes it was harmless or a joke, if the person on the receiving end feels uncomfortable or violated, it may still amount to harassment.

As of 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act introduced a new legal obligation for UK employers. This legislation established a positive duty on employers to take reasonable steps to prevent sexual harassment in the workplace.

This represents a shift in responsibility. Previously, employers could only be held liable after an incident of harassment occurred if they failed to respond appropriately. Under the new duty, employers can now be held accountable even before an incident takes place, if they have not demonstrated that they took sufficient steps to prevent harassment.

The Equality and Human Rights Commission (EHRC) has been empowered to enforce this duty. Where an employer is found to be in breach, and a sexual harassment claim is upheld at an employment tribunal, the compensation awarded to the claimant may be increased by up to 25%.

Another commonly asked question by employers is "What counts as reasonable steps to prevent sexual harassment?"

Legal and HR experts, as well as the EHRC, identify a number of core actions that are likely to be considered reasonable by a tribunal.

Implementing Clear, Legally Compliant Policies

Your business should have a robust anti-harassment policy in place. This policy needs to provide a clear definition of sexual harassment, outline the procedures for making a complaint, describe how complaints will be investigated, and set out the disciplinary consequences for those found responsible. Crucially, the policy should be shared with all staff, included in the employee handbook, and reviewed regularly to ensure it reflects current best practice and legislation.

Delivering Regular, Meaningful Training

All employees, including managers and senior leaders, should receive regular training on recognising, preventing, and responding to sexual harassment. This training should be interactive and scenario-based where possible, helping employees understand what constitutes inappropriate behaviour, the impact it can have, and how to report concerns. For managers, additional training should be provided on handling disclosures, conducting investigations, and supporting affected staff.

Training shouldn’t be a one-off event. Refresher sessions should be scheduled annually or when major updates occur. Keeping attendance records can help demonstrate that your business is taking its duty seriously.

Demonstrating Leadership Commitment

Leadership must play a visible role in reinforcing the business’s commitment to a harassment-free workplace. This means senior staff and managers must model appropriate behaviour, speak out against misconduct, and support the implementation of your harassment prevention strategy. When employees see that leaders are genuinely committed, they are more likely to trust the process and feel safe reporting concerns.

Providing Accessible Reporting Channels

Employees should have multiple ways to raise concerns, including the option of speaking to HR, a designated safeguarding officer, or using an anonymous reporting mechanism. Clear contact points should be outlined in your harassment policy, and staff should know that all reports will be taken seriously and handled confidentially. It is equally important to reassure employees that retaliation against anyone who reports harassment will not be tolerated.

Handling Complaints Fairly and Promptly

When a complaint is made, it must be addressed quickly and objectively. Investigations should be carried out by individuals with appropriate training, and steps should be taken to protect the privacy and well-being of all parties involved. The process should be well-documented, and the outcomes should be communicated clearly and appropriately.

Sexual harassment protections under UK law apply to all workers, not just permanent employees. This includes part-time staff, agency workers, contractors, consultants, apprentices, and even job applicants. In practice, this means that your business has a responsibility to safeguard anyone working within or on behalf of your organisation, as well as anyone interacting with your employees during work-related activities.

Many businesses assume that, because they have a policy in place, or haven’t received complaints, they are already compliant. However, tribunals have consistently shown that employers must do more than have paperwork on file. Some common pitfalls include failing to review or publicise your anti-harassment policy, not delivering meaningful training to all staff, or ignoring red flags because of an individual’s seniority. It also includes assuming that silence means safety.

Even well-meaning employers can fall short if they don’t actively assess their culture and processes. Waiting until something goes wrong is no longer an acceptable approach.

The consequences of failing to prevent sexual harassment can be severe. Beyond the risk of tribunal claims and compensation payouts, which, as mentioned, can be increased by 25% under the new duty, businesses may also face reputational damage, loss of staff trust, and reduced productivity. Regulatory bodies, including the EHRC, may investigate systemic failings, and media coverage of internal issues can cause lasting harm to a company’s brand.

Addressing harassment after it occurs is costly, time-consuming, and emotionally draining. Prevention is not only the ethical choice, but the financially prudent one.

We understand that employment law compliance can feel complex, especially as regulations evolve. Our Employment Law team supports businesses of all sizes with:

• Drafting and reviewing legally compliant sexual harassment and dignity at work policies
• Delivering tailored training sessions for employees, managers, and leadership teams
• Advising on how to set up and manage appropriate reporting mechanisms
• Supporting internal investigations with legal oversight and HR expertise
• Handling grievance and disciplinary procedures professionally and fairly
• Representing your business in employment tribunal claims if needed

We also offer a proactive support package through our myHR service, giving you continuous access to legal advice, document updates, and compliance guidance under a cost-effective fixed-fee model.

Preventing sexual harassment in the workplace is now a legal obligation for employers in the UK. With the introduction of the positive duty in October 2024, the message is clear: businesses must take active, reasonable steps to protect staff from harm.

By investing in clear policies, meaningful training, and open communication, you create a safer, more respectful workplace for everyone. And by doing so, you significantly reduce the risk of costly disputes and reputational damage.

If you’re unsure whether your current approach meets the new standards, or if you want support updating your practices, get in touch with Winston Solicitors.

Call 0113 320 5000 or email @email to speak to our Employment Law team.