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February 21, 2026

How to Prevent Workplace Sexual Harassment Under UK Law

Over the past year, the conversation around workplace sexual harassment has shifted quite noticeably. 


For a long time, employers focused on what to do after something went wrong: investigate properly, follow procedure, document outcomes. That still matters, of course. But the legal emphasis has moved. Prevention is no longer implied, it is expected. 


Under the Equality Act 2010, sexual harassment remains defined as unwanted conduct of a sexual nature that violates someone’s dignity or creates an intimidating, hostile, degrading or offensive environment. That definition hasn’t changed. 


What has changed is the duty on employers. 


The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced a proactive requirement for employers to take reasonable steps to prevent sexual harassment. The direction of travel, and the way tribunals are beginning to look at these cases, makes it clear that the bar is rising towards demonstrating that all reasonable steps have been taken in context. 


At the same time, sexual harassment disclosures now sit squarely within whistleblowing protection. If someone raises concerns and is then treated unfavourably, that risk doesn’t just stay within discrimination law. It can quickly become a whistleblowing detriment claim as well. 


This is why the issue is no longer just HR housekeeping. It’s governance, culture, and risk management. 


Start With Risk, Not Paperwork 


One of the most common weaknesses we see in SMEs is relying heavily on a well-written policy without ever stepping back to ask where problems are actually likely to arise. 


A sensible starting point is a documented risk assessment. 


That doesn’t mean assuming your organisation has a “culture problem”. It simply means being realistic. Are there significant power imbalances? Do you have younger staff reporting into strong personalities? Are there customer-facing roles where employees are expected to tolerate difficult behaviour? Are work socials alcohol-heavy? Do people work alone or on night shifts? Are there digital channels e.g.  WhatsApp groups, private messages, hybrid meetings, where boundaries can blur? 


If a tribunal later decides harassment was foreseeable in your setting and you never assessed the risk, it becomes harder to argue that you took reasonable preventative steps. 


A short, written assessment, reviewed annually, is a far stronger position than relying on assumptions. 


Update Your Policies, But Make Them Practical 


Many sexual harassment policies still read as though they were written to tick a compliance box. 


In reality, they should now do a few very specific things. 


They should clearly define what sexual harassment looks like, using examples that feel relevant to your working environment rather than abstract legal wording. They should make it clear that third-party harassment, from clients, customers or service users, is covered. They should explain reporting routes, including alternatives if the line manager is involved. They should reference whistleblowing protections and confirm that retaliation will not be tolerated. 


Most importantly, they should outline how complaints will be handled and within what timeframe, so employees know what to expect. 


A policy that exists but isn’t understood won’t help you defend a claim. 


Manager Training Is Where This Often Succeeds or Fails 


In practice, most cases escalate because early behaviour wasn’t challenged, or because someone who raised concerns didn’t feel taken seriously. 


Training managers properly is one of the most defensible preventative steps you can take. 


That means covering how to recognise subtle behaviour, how to handle informal disclosures without minimising them, how to document conversations properly, and how whistleblowing protection can attach to sexual harassment complaints. It also means refreshing that training periodically rather than relying on something delivered years ago. 


If you are ever asked in tribunal what steps you took to prevent harassment, being able to show structured, recent manager training carries weight. 


Don’t Overlook Third-Party Risk 


In sectors such as hospitality, retail, healthcare, recruitment or manufacturing, sexual harassment frequently comes from outside the organisation rather than within it. 


Employees are sometimes expected to tolerate inappropriate comments from customers in the name of service. That position is becoming increasingly difficult to defend. 


Reasonable preventative steps might include visible behaviour standards, clear escalation routes, empowering managers to remove clients where necessary, or adjusting supervision arrangements in higher-risk settings. 


If harassment from a third party was predictable and no preventative steps were taken, that will be scrutinised. 


Build an Audit Trail 


The phrase “all reasonable steps” is ultimately about evidence. 


You should be able to produce dated risk assessments, updated policies, training attendance records, notes of investigations, and evidence of any changes made following complaints. 


This doesn’t require bureaucracy for its own sake. It simply means that, if challenged, you can demonstrate that prevention was active and ongoing rather than reactive. 


If it isn’t recorded, it becomes very difficult to rely on it later. 


The Strategic Reality for Employers 


For SMEs especially, the instinct is often to keep processes light and avoid overcomplication. That’s sensible. But the legal landscape now expects employers to be able to show foresight. 


Ask yourself: If a claim landed tomorrow, could we explain the steps we took before it happened? When did we last review risk? Would our managers feel confident handling a disclosure today? Could we evidence preventative action rather than just response? 


The strengthened duty to prevent sexual harassment isn’t designed to catch careful employers out. It’s designed to push organisations towards embedding prevention into everyday management. 


Handled thoughtfully, it protects your people and your reputation. Handled casually, it becomes a preventable liability. 


Frequently Asked Questions 


We’re a small employer. Does this really apply to us? 


Yes. The duty applies regardless of size. What counts as “reasonable” will vary depending on your resources, but SMEs are still expected to assess risk, update policies and take preventative action. Being smaller does not remove the obligation, it simply changes what proportionate looks like. 


What does “all reasonable steps” actually mean? 


It means taking preventative action that is proportionate to your organisation and the risks within it. That includes assessing risk in advance, training managers properly, and responding promptly to concerns. It does not mean perfection — but it does mean being able to evidence active prevention. 


Is third-party harassment really our responsibility? 


If the risk is foreseeable and you fail to take preventative steps, it can become your responsibility. This is particularly relevant in customer-facing sectors where inappropriate behaviour may be more common. 


What happens if we fail to meet the preventative duty? 


If sexual harassment is proven and you cannot demonstrate preventative steps, compensation may be uplifted by up to 25%. There is also the potential for reputational impact and, in some cases, linked whistleblowing claims. 


How often should we review our approach? 


At minimum annually, or sooner if there has been a complaint, organisational change, or shift in working patterns (for example, increased remote working or new customer-facing activity). 


How does this affect recruitment? 


Increasingly, candidates ask about workplace culture, reporting processes and how issues are handled. Employers who cannot demonstrate preventative steps may find it harder to attract and retain quality staff. Culture is now a recruitment issue, not just a legal one. 


What should we prioritise first? 


Start with a risk assessment, review your policy language, and ensure managers are trained. Those three steps alone significantly strengthen your position. 


Conclusion 


If you’re an employer reviewing your workplace practices and planning to hire this year, it’s worth ensuring your policies and culture align with the strengthened preventative duty. 


If you work with temporary or agency staff, it’s equally important that expectations around workplace conduct are clear from the outset. 


As a recruitment firm, we speak to both sides every day. If you’d like to sense-check how your approach may be perceived by candidates, or you want to ensure the roles you’re hiring for are positioned responsibly, we’re happy to have a conversation. 


Good recruitment doesn’t sit separately from workplace culture anymore. The two are closely connected. 

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When you need to hire someone, the salary is just the tip of the iceberg. For small businesses especially, recruitment can be one of the most expensive and time-consuming processes you'll undertake—even if you're only hiring once every year or two. Most small business owners assume that handling recruitment themselves is the most cost-effective approach. After all, posting a job is free, right? But when you add up the real costs—especially the hidden ones—the picture looks very different. Let's break down what hiring actually costs when you do it yourself, including the expenses most business owners don't account for until they're deep in the process. The Direct Costs You Can See These are the obvious expenses that most people budget for: Job Advertising : £0-£500+ While free options like Indeed or LinkedIn exist, you often need paid listings to reach quality candidates. Specialist job boards, premium placements, and sponsored posts can run into hundreds of pounds. For hard-to-fill roles, you might need to advertise across multiple platforms for weeks. Background Checks and Testing : £50-£200 per candidate DBS checks, reference checking services, and skills assessments all add up. If you're screening multiple finalists, these costs multiply quickly. Many business owners skip this step to save money—which often leads to expensive hiring mistakes down the line. Onboarding Costs : £500-£2,000 Think equipment, software licenses, training materials, and any courses or certifications your new hire needs to get started. Total visible costs: £550-£2,700 Most small business owners stop their cost calculations here. But this is only about 20-30% of what recruitment actually costs you. The Hidden Costs That Really Add Up This is where DIY recruitment gets expensive—and most small business owners seriously underestimate these costs until they're in the middle of it. Your Time (The Biggest Hidden Cost) Recruitment is incredibly time-consuming, especially when you're doing it for the first time in a while and don't have established processes. Here's a realistic breakdown: Writing a job description and posting it : 3-4 hours (researching what to include, writing, editing, posting to multiple sites) Reviewing applications : 8-15 hours (for 50-150 applications—yes, even "simple" roles attract this many) Phone screening promising candidates : 4-6 hours (15-20 minute calls add up fast) Conducting first interviews : 8-12 hours (including prep, the interviews, and note-taking) Second interviews and assessments : 5-8 hours Reference checks, deliberation, and offer negotiation : 3-5 hours Total: 31-50 hours minimum And that's if everything goes smoothly. If your first-choice candidate rejects your offer, or you realize after a few weeks that none of your candidates are quite right, you're starting over. What's your time worth? If you bill clients at £75/hour, or your time is worth £50/hour to your business, that's £1,550-£2,500 in opportunity cost . That's money you're not earning because you're sifting through CVs instead of serving clients, developing business, or doing the strategic work only you can do. Your Team's Time It's not just you. If you involve team members in the process: Reviewing CVs together: 2-3 hours per person Conducting interviews: 4-6 hours per person Training the new hire: 10-20 hours in the first month If two team members are involved at £30-40/hour, that's another £960-£1,740 in time costs. Every hour your team spends on recruitment is an hour they're not doing their actual jobs. Productivity Loss During the Search When a position sits empty, work doesn't stop—it gets redistributed. Your team picks up the slack, which means: Projects take longer to complete Client response times slow down Quality may slip as people rush to cover gaps Team stress and potential burnout Lost sales or business development opportunities For a £30,000/year role sitting empty for 8 weeks (typical for DIY recruitment), you're losing roughly £4,600 in productivity , not counting the ripple effects on team morale, client satisfaction, and potential lost business. The Cost of Getting It Wrong Here's the really expensive part. When you're not hiring regularly, you're not practiced at spotting red flags, asking the right questions, or properly assessing candidates. The cost of a bad hire for small businesses: Salary paid during their employment (3-6 months average): £7,500-£15,000 Lost productivity and damaged work: £3,000-£8,000 Impact on team morale and additional turnover: £2,000-£5,000 Time to manage performance issues: £500-£1,500 Cost of recruiting their replacement: £4,000-£8,000 Total cost of a bad hire: £17,000-£37,500 For a small business, that's not just a financial hit—it can be genuinely damaging to your operations and reputation. Studies show that businesses that hire infrequently make poor hiring decisions up to 50% of the time, simply because they don't have the experience or systems in place to consistently assess candidates well. What Does DIY Recruitment Actually Cost? Let's add it all up for a typical small business hire (£28,000-£40,000 salary range): Successful DIY Hire (everything goes right): Direct costs: £550-£2,700 Your time: £1,550-£2,500 Team time: £960-£1,740 Productivity loss (8 weeks): £4,600-£5,500 Total: £7,660-£12,440 DIY Hire That Goes Wrong (bad hire, need to start over): All of the above, plus: Cost of bad hire: £17,000-£37,500 Total: £24,660-£49,940 Even if you get it right 70% of the time, your average cost per hire is still over £12,000 when you factor in the occasional mistake. The False Economy of DIY Small business owners often tell us: "I can't afford to pay for recruitment help." But here's the reality: you're already paying. You're just paying in: Your valuable time that could be spent on revenue-generating work Your team's time and decreased productivity Longer time-to-hire that leaves gaps in your business Higher risk of costly hiring mistakes The question isn't whether you can afford help—it's whether you can afford not to have it. A Smarter Approach You don't have to do everything yourself, and you don't need to hand over the entire process either. Many small businesses find value in getting support for the most time-consuming parts: Candidate Screening - Let someone else sift through the 50-150 applications and send you the 5-8 genuinely qualified candidates. Saves you 10-15 hours immediately. Skills Testing - Professional assessments identify who can actually do the job, not just who interviews well. Dramatically reduces your risk of a bad hire. Job Brief Creation - Get your job description right the first time so you attract the right candidates and waste less time on unsuitable applicants. Interview Support - Get help structuring interviews and spotting red flags you might miss when you only hire every year or two. The investment in selective support is almost always less than the cost of doing it all yourself—especially when you factor in your time, the speed of hire, and the reduced risk of getting it wrong. The Bottom Line Recruitment is expensive, whether you realize it or not. The costs are there—you're just choosing whether to pay them in money, time, stress, and risk, or to invest in getting it done right. The next time you think "I'll just handle this myself to save money," do the math: How many hours will this actually take you? What's your time worth? What's your risk of getting it wrong? What would a mistake cost you?  Often, the most expensive approach is the one that looks cheapest on paper. The smartest small businesses recognize that their time is their most valuable asset. They invest it where only they can add value—and get the right help for everything else.
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When you're running a small business, every hire matters. Unlike larger companies that can absorb the occasional bad hire, small businesses feel the impact immediately—in lost productivity, team morale, and your bottom line. The cost of a wrong hire can range from thousands to tens of thousands of pounds when you factor in wasted salary, lost time, and the expense of starting over. The good news? Most hiring mistakes are completely avoidable. Here are the five most common (and costly) mistakes we see small businesses make, and more importantly, how to sidestep them. 1. Rushing to Fill the Position The Mistake: When someone quits or business picks up unexpectedly, the pressure to fill a role quickly can lead to settling for "good enough" rather than holding out for "great." Why It's Costly: A mediocre hire who doesn't quite fit will cost you far more in the long run than leaving the position open for a few extra weeks. You'll spend months managing their performance, redoing their work, or dealing with the disruption when they inevitably leave. How to Avoid It: Build in realistic timelines from the start. A good hiring process typically takes 4-6 weeks from posting to offer. If you're in a genuine emergency, consider temporary help or redistributing work while you find the right person. Your future self will thank you. 2. Writing Vague Job Descriptions The Mistake: Job descriptions that are too broad ("looking for a team player who wears many hats!") or just copied from a template without customization. Why It's Costly: Vague descriptions attract the wrong candidates, which means you'll waste hours sifting through irrelevant applications. Worse, the right candidates won't apply because they can't tell if the role suits them. How to Avoid It: Be specific about what the role actually involves day-to-day. Include must-have skills versus nice-to-haves. Be honest about the challenges and growth opportunities. A clear job description acts as the first filter, saving you time and attracting candidates who genuinely fit. 3. Skipping Skills Testing or Assessment The Mistake: Relying solely on CVs and interviews to gauge whether someone can actually do the job. Why It's Costly: People can be brilliant at interviews but struggle with the actual work. A CV might look impressive, but it doesn't show you how someone writes, analyzes data, solves problems under pressure, or handles your specific software. How to Avoid It: Include a practical element in your hiring process. This could be a short skills test, a work sample, or a brief trial task (paid, if it's substantial). You'll quickly see who can deliver, not just who can talk about delivering. This single step can save you from months of underperformance. 4. Not Checking References Properly (or At All) The Mistake: Skipping reference checks entirely, or just going through the motions with generic questions that reveal nothing useful. Why It's Costly: References are your window into how someone actually performs in a real work environment. Skipping them means you're hiring blind. You might miss red flags about reliability, attitude, or work quality that would have changed your decision. How to Avoid It: Always check at least two references, and ask specific questions: "Can you give me an example of how they handled a difficult situation?" or "What would you say are their areas for development?" Listen for what's not said as much as what is. If a candidate is evasive about providing references, that's a red flag in itself. 5. Forgetting About Cultural Fit and Values The Mistake: Focusing entirely on skills and experience while ignoring whether the person will actually fit with your team and company culture. Why It's Costly: Someone might be technically brilliant but if they clash with your team's working style, communication approach, or values, it creates friction that affects everyone. In a small business, one person who doesn't fit can disrupt the entire team dynamic. How to Avoid It: Define what matters to you beyond the job skills. Are you collaborative or independent? Fast-paced or methodical? Formal or casual? Ask behavioral questions that reveal how they work: "Tell me about a time you disagreed with a colleague—how did you handle it?" Let them meet the team if possible. Trust your gut if something feels off. The Bottom Line Hiring well doesn't have to be complicated, but it does require being intentional. Taking the time to avoid these five mistakes will save you money, stress, and the hassle of starting the whole process over again in six months. And remember: if you're only hiring occasionally, it's okay to ask for help. Whether it's getting a second opinion on candidates, having someone else screen applications, or running skills assessments, bringing in expert support for the parts you find time-consuming or unfamiliar can be one of the smartest investments you make. After all, getting the hire right the first time is always cheaper than getting it wrong.
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