Businesses Must Take Steps To Prevent Sexual Harassment In The Workplace

The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced an increased responsibility to address sexual harassment in the workplace. The Act increases employers responsibilities by requiring them to address sexual harassment in the workplace, it is further to be strengthened in October 2026 creating a law that is preventative, rather than simply requiring an employer to deal with harassment after it occurs.

Currently an employer must take reasonable steps to anticipate and take steps aimed at preventing sexual harassment, rather than acting when an incident has taken place. All businesses are urged to put in place measures that are preventative. The nature of the steps that should be taken depends on more than one factor, such as

• The size and nature of the business and the sector in which it works.
• The role of the employees
• The working environment
• The amount of contact employees have with customers and other third parties
• Whether there have been previous incidents
• Risks related to work social events.

Employers are strongly advised to undertake risk assessments to identify potential issues that may create risk, including those potentially posed by third parties such as clients and suppliers. Any previous incidents should be noted and preventative steps taken to avoid a repeat of such behaviour.

Business should ensure that they have, preferably documentary evidence, of the measures that they have taken to prevent harassment. Simply drafting an anti-harassment policy is unlikely to be accepted as sufficient to protect staff. Ideally, all staff should be trained on the nature of harassment and how to deal with it when it is observed. Managers and staff should fully understand what constitutes sexual harassment and what they should do if it arises. The following topics are recommended:

• How to manage inappropriate behaviour at a work-related social event.
• Guidance as to inappropriate communications between staff, even it is intended to be light-hearted banter.
• How an employee can report any concerns.
• How harassment involving third parties such as clients and suppliers should be dealt with.
• Understanding the consequences of inappropriate behaviour.

Acas has suggested that businesses should tailor their training to address the nature of their industry sector and remind staff on a regular basis that such behaviour will not be tolerated. The potential financial consequence of dealing with harassment should not be overlooked by a business as there can be significant financial consequences that can involve substantial costs to a business depending on the incident. A Tribunal can escalate the compensation awarded by up to 25% if it is deemed that the business did not act adequately on its duty to prevent sexual harassment. Such a situation will also have an unfavourable impact on the reputation of an organisation.

Whilst all businesses are vulnerable there are some sectors that carry an enhanced risk such as hospitality, certain retail situations and healthcare. Industry sectors, such as construction, where employees are often expected to socialise at business events with the clients are at greater risk. Businesses must take seriously the “all reasonable steps” instruction or they may find themselves in a reputationally and financially damaging situation.

The HR lawyers at Giambrone and Partners have extensive experience in dealing with the potentially problematic situation when an incident has taken place. However, our lawyers can also assist by hosting a comprehensive seminar outlining all aspects surrounding this complex area of law.