The Duty to Prevent Sexual Harassment
Since October 2024, every UK employer has been under a new, proactive legal duty to take reasonable steps to prevent sexual harassment in the workplace.
The Duty to Prevent Sexual Harassment – What Employers Need to Know
Since October 2024, every UK employer has been under a new, proactive legal duty to take reasonable steps to prevent sexual harassment in the workplace.
This change, introduced through the Worker Protection (Amendment of Equality Act 2010) Act 2023, marks a significant shift in employer responsibility. It’s no longer enough to simply react to complaints. Organisations must now take preventative action to reduce the risk of harassment occurring in the first place.
Under this new duty, the Employment Tribunal can increase compensation by up to 25% if an employer is found to have breached its obligation, making this a key compliance and risk management issue for all employers.
What does this mean in practice?
Employers must move beyond written policies and tick-box training.
To meet the legal standard, training and policies must be:
Active and ongoing - not a one-off exercise.
Tailored to the specific risks and culture of your workplace.
Meaningful - giving employees practical tools to recognise, respond to, and report inappropriate behaviour.
Generic, “off-the-shelf” sessions that don’t address your real workplace dynamics are unlikely to be seen as reasonable steps under the new law.
Looking ahead – further expansion under the Employment Rights Bill
The Employment Rights Bill, currently going through consultation, is set to go even further. It proposes to strengthen the protections for pregnant workers and new mothers, and enhance enforcement mechanisms around harassment and equality duties, signalling a broader government push towards accountability and safer workplaces.
Employers who act early to review their culture, training, and reporting frameworks will be in the strongest position when these changes come into force.
A real-world example: McDonald’s and the EHRC
This new duty isn’t theoretical - we’re already seeing its impact.
Following serious allegations of sexual harassment, the Equality and Human Rights Commission (EHRC) has extended its legal agreement (under Section 23 of the Equality Act) with McDonald’s Restaurants.
The strengthened action plan includes:
A new safeguarding policy and external audit of its complaints-handling unit.
Independent investigations into complaints against managers.
Refreshed training for all restaurant managers and franchisees, covering issues like social media and grooming risks.
A 24/7 chatbot for raising concerns and an ongoing communications campaign encouraging staff to speak up.
Enhanced risk assessments and franchisee commitments to safe, inclusive workplaces.
This case serves as a clear example of what regulators expect - visible, proactive, and measurable action to create a culture where harassment is prevented, not simply addressed after the fact.
In summary
The new legal duty requires more than compliance - it demands cultural commitment. Employers should act now to review their approach to training, reporting, and workplace culture to ensure they can evidence the “reasonable steps” required under the law.
Training
We are currently offering a comprehensive half-day training session on the new legal duty, in which we will cover the following:
✔ Overview of the Equality Act 2010
✔ What is harassment?
✔ Examples of sexual harassment
✔ Harassment in action
✔ Duty to prevent sexual harassment – new law / old law
✔ What are ‘reasonable steps?’
✔ What happens when things go wrong internally?
✔ What about ‘banter’?
✔ Effects of sexual harassment on an organisation?
✔ Sexual harassment – at what personal cost?
✔ What steps can you take to prevent sexual harassment in the workplace?
✔ Don’t be a bystander
✔ Consequences for employers
✔ 5 x Scenarios
This session can be held either in person or online and costs £1,700 plus VAT.
If you would like to arrange a session for the new year, and ensure your organisation is equipped for the changes, you can:
- Book a chat with us here
- Send an email to training@robinsonralph.com
- Call us on 0113 212 3240
- Download further information on the training session here.