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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.
