What Does the New Duty to Prevent Sexual Harassment Mean for Employers?
Overview
The Worker Protection (Amendment of Equality Act 2010) Act introduced a new legal duty requiring employers to take reasonable steps to prevent sexual harassment in the workplace.
For many employers, the concern is not whether sexual harassment is wrong. Most employers already recognise that.
The real question is:
"How do I demonstrate that I've taken reasonable steps to prevent it?"
The new duty shifts the focus from reacting to incidents after they happen to taking proactive action before they occur.
What Has Changed?
Employers have always been expected to deal with sexual harassment complaints appropriately.
The significant change is that employers now have a positive duty to take reasonable steps to prevent sexual harassment from occurring in the first place.
This means employers should not wait until a complaint is raised before considering the risks within their workplace.
What Is Sexual Harassment?
Sexual harassment is unwanted conduct of a sexual nature that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Examples may include:
- Unwanted sexual comments
- Inappropriate jokes or banter
- Unwelcome physical contact
- Sexual messages or images
- Comments about appearance
- Repeated unwanted advances
The impact on the individual is often just as important as the intention behind the behaviour.
What Should Employers Be Doing?
The first priority is understanding whether your current arrangements would genuinely help prevent inappropriate behaviour.
Focus on five key areas.
1. Review Your Policies
Employers should have clear policies covering:
- Sexual harassment
- Bullying and harassment
- Dignity at work
- Reporting concerns
Policies should be easy to understand and readily accessible to employees.
2. Provide Training
Training should not be viewed as a one-off exercise.
Managers and employees should understand:
- What sexual harassment is
- How concerns can be reported
- How complaints will be handled
- Expected standards of behaviour
3. Assess Workplace Risks
Different workplaces face different risks.
Consider:
- Lone working
- Customer-facing roles
- Social events
- Travel arrangements
- Remote working environments
- Power imbalances between individuals
The objective is to identify where problems could arise before they occur.
4. Encourage Reporting
Employees are far more likely to raise concerns if they believe they will be taken seriously.
Ask yourself:
- Do employees know how to report concerns?
- Are reporting routes clear?
- Do managers respond appropriately?
- Is confidentiality respected where possible?
5. Take Action When Concerns Arise
A policy alone will not protect a business.
When concerns are raised, employers should:
- Act promptly
- Investigate fairly
- Remain impartial
- Take appropriate action where required
Employees need to see that concerns lead to meaningful action.
Why Does This Matter?
Aside from legal obligations, workplace culture has a direct impact on:
- Employee wellbeing
- Retention
- Engagement
- Recruitment
- Reputation
Most employers want a workplace where people feel safe, respected and able to do their best work.
The new duty reinforces the importance of actively creating that environment.
Key Takeaway
The new duty is not simply about having the right policy on file.
It's about being able to demonstrate that reasonable steps have been taken to prevent sexual harassment from occurring.
The strongest employers will be those who regularly review risks, train their people, encourage reporting and take concerns seriously when they arise.