While many employers already have sexual harassment policies in place, the legal framework governing workplace harassment in the UK has shifted significantly. Simply having a policy on paper is no longer enough to satisfy an employer’s legal obligations.
Since 26 October 2024, employers have been under a proactive legal duty to take reasonable steps to prevent sexual harassment of their employees. This duty applies to employers of all sizes. The position is also continuing to develop under the Employment Rights Act 2025, with some changes already in force from 6 April 2026 and further changes expected from October 2026.
If you are reviewing this area for the first time, it is understandable to have questions about how policy, training and day-to-day management fit together.
Summary
- What Is the ‘Positive Duty’ to Prevent Sexual Harassment?
- Third-Party Harassment: The Hidden Risk
- Recognising Risk: Where Is Your Business Vulnerable?
- Proactive Compliance Checklist: A Step-by-Step Approach for Employers
- Is Harassment Training Required by Law?
- Next Steps: Moving From Awareness to Action
The key change is a shift from a reactive approach to a preventative one. Employers must now actively consider where sexual harassment risks may arise in their workplaces and take reasonable steps to reduce those risks.
This guide looks at the scope of that positive duty in more detail. It highlights common high-risk scenarios that employers may overlook, outlines practical measures that may help reduce those risks, and provides a proactive compliance checklist, including the role of effective harassment training for staff and managers.
What Is the ‘Positive Duty’ to Prevent Sexual Harassment?
Since 26 October 2024, employers have been subject to a positive legal duty to take reasonable steps to prevent sexual harassment of their employees under the Worker Protection (Amendment of Equality Act 2010) Act 2023.
The key change is that this duty is proactive and anticipatory. Employers must now think ahead about where sexual harassment risks could arise in their workplaces and take steps to minimise them. In practice, this means employers cannot wait until a complaint is made before acting. Instead, organisations are expected to identify situations where harassment may be more likely to occur, such as client-facing roles and workplace social events, and put preventative measures in place.
This duty represents a shift away from the traditional reactive approach, where employers would often only respond after an incident had occurred.
There may be financial consequences for failing to meet the duty. Although an employee cannot bring a standalone claim for breach of the preventative duty, if they succeed in a sexual harassment claim under the Equality Act 2010, an employment tribunal may increase compensation by up to 25% if it finds that the employer failed to take reasonable steps to prevent the harassment.
The Equality and Human Rights Commission (EHRC) also has enforcement powers in this area. It may investigate organisations suspected of breaching the duty, issue an unlawful act notice, enter into binding agreements requiring improvements, or apply to the courts for an injunction to prevent future breaches.
Future Expansion of the Preventative Duty
The Employment Rights Act 2025 strengthens this framework further.
Key developments include:
- A stronger preventative duty: from October 2026, employers are expected to take all reasonable steps to prevent sexual harassment.
- Liability for third-party harassment: from October 2026, employers may become liable where workers are harassed by customers, clients, contractors or other third parties. This is expected to apply to all forms of harassment, not only sexual harassment.
- Whistleblowing protections: from 6 April 2026, disclosures relating to sexual harassment are expressly recognised as protected disclosures under the Employment Rights Act 1996.
- Restrictions on confidentiality clauses: the law in this area is changing, and employers should review settlement and confidentiality wording carefully where sexual harassment issues may arise.
These reforms point in a clear direction: employers should move beyond simply having policies in place and be able to show that they are actively taking steps to prevent harassment.
Third-Party Harassment: The Hidden Risk
A common misconception is that employers are not responsible for sexual harassment carried out by customers or clients. However, the preventative duty introduced in 2024 means employers should actively consider and address risks arising from third-party interactions.
Under the Worker Protection (Amendment of Equality Act 2010) Act 2023, employers should consider risks arising from individuals who are not employees, including:
- customers
- clients
- contractors
- suppliers
- members of the public
The EHRC makes clear in its guidance that the duty to prevent sexual harassment extends to third-party interactions. Although employees cannot currently bring a standalone claim for third-party harassment itself under this duty, employers may still face consequences if they fail to take reasonable preventative steps and harassment occurs.
Once the October 2026 reforms take effect, employers may become liable where customers or other external parties harass workers. Unlike previous proposals in this area, a single incident may be sufficient to trigger liability once the new provisions come into force.
These developments place a clear expectation on employers to anticipate risks, implement preventative measures and respond effectively if incidents occur, particularly in client-facing environments such as hospitality, retail, healthcare or transport.
Hidden Risks for Employers
Third-party harassment can expose employers to a range of legal and commercial risks, including:
- Reputational damage: failing to protect staff from harassment may damage an organisation’s reputation and undermine trust with employees, clients and the public.
- Increased compensation: where a tribunal finds that an employer failed to take reasonable steps to prevent sexual harassment, compensation may be increased by up to 25%.
- Discrimination claims: ignoring complaints because “the customer comes first” may expose employers to allegations that they tolerated harassment or treated the employee unfairly.
- Constructive dismissal claims: if an employer fails to address known risks or repeated incidents, an employee may resign and argue that the employer breached the implied duty of trust and confidence.
- Reduced productivity and higher turnover: employees who feel unsafe in customer-facing roles may disengage from their work or leave the organisation, which can increase recruitment and training costs.
Practical Steps Employers Should Consider
To meet the preventative duty and reduce risk, employers should take clear and visible steps to address third-party harassment. Examples include:
- Setting clear expectations for customers and visitors: display signage and include statements on booking forms or websites making it clear that abusive or harassing behaviour towards staff will not be tolerated.
- Updating workplace policies: ensure anti-harassment policies explicitly cover third-party harassment, clearly define what it includes, and explain how employees can report incidents.
- Training managers and staff: provide training on recognising harassment, responding appropriately to incidents, and supporting affected employees.
- Using contractual protections: include clauses in agreements with clients, contractors and suppliers requiring appropriate behaviour and setting out possible consequences for breaches.
- Managing repeat offenders: implement clear protocols for warning, restricting access to, or banning customers or individuals who engage in abusive behaviour.
These steps may help demonstrate that an employer is taking a preventative approach rather than reacting only after problems arise. As the legal framework continues to evolve, organisations that take a proactive approach will be far better placed to meet their legal obligations and protect their workforce.
Recognising Risk: Where Is Your Business Vulnerable?
A key part of the preventative duty is identifying where sexual harassment risks are most likely to arise in the workplace. Employers should carry out risk assessments and think about situations where employees may be more vulnerable.
Common higher-risk scenarios include:
- lone working, where employees deal with colleagues, customers or contractors without supervision
- power imbalances, particularly where managers control promotions, shifts, pay or performance reviews
- workplace social events, especially where alcohol is involved, which can blur professional boundaries and increase the likelihood of inappropriate behaviour
- work-related travel, such as overnight stays, conferences or training events, where employees spend extended periods together outside the normal workplace environment
- customer-facing roles, particularly in sectors such as hospitality, retail, healthcare and transport where employees regularly interact with members of the public
By identifying these situations in advance, employers can put appropriate safeguards in place, such as clear behavioural expectations, effective reporting channels, staff training and appropriate supervision.
Proactive Compliance Checklist: A Step-by-Step Approach for Employers
To meet the preventative duty and prepare for the strengthened framework under the Employment Rights Act 2025, employers should adopt a structured compliance strategy. The following checklist provides a practical step-by-step model:
- Leadership stance: senior leadership should set a clear tone that harassment will not be tolerated. This includes communicating expectations to staff, modelling appropriate behaviour and ensuring that prevention of harassment is treated as a workplace priority.
- Conduct a risk assessment: identify where harassment risks are most likely to arise in your organisation. Consider factors such as customer-facing roles, workplace social events and work-related travel. Document the risks and identify steps to reduce them.
- Review and update policies: ensure anti-harassment policies are clear, up to date and accessible. Policies should explicitly cover sexual harassment and third-party harassment, define unacceptable behaviour, and explain the steps employees should take if they experience or witness harassment.
- Establish clear reporting routes: employees should have safe and accessible ways to report concerns, including the option to report issues to someone other than their direct manager. Confidential reporting channels and clear procedures for handling complaints are important.
- Train staff and managers: provide regular training to help employees understand what may amount to harassment and how to report concerns. Managers should receive additional training on how to respond to complaints and support affected staff appropriately.
- Monitor, review and improve: employers should regularly review policies, training and reporting processes to help ensure they remain effective. Reviewing complaints data and employee feedback may help identify patterns or areas where further action is needed.
- Foster a respectful workplace culture: beyond formal policies, employers should promote a culture where employees feel safe speaking up and where inappropriate behaviour is challenged early.
Following this proactive approach may help demonstrate that an employer has taken reasonable steps to prevent harassment.
Is Harassment Training Required by Law?
There is no explicit statutory requirement in UK legislation stating that employers must provide harassment training. However, in practice, training is widely regarded as an important part of meeting the legal duty to take reasonable steps to prevent sexual harassment.
The EHRC has made clear in its guidance that effective training is a key preventative measure. If an employer cannot show that staff and managers have been trained on harassment, it may be harder to demonstrate that reasonable steps were taken to prevent it.
Training should not be a one-off exercise or a generic module on workplace behaviour. To be effective, it should be:
- Regular and updated: refresher training should be provided periodically so staff remain aware of expectations and reporting procedures.
- Specific to sexual harassment: training should address the particular dynamics of sexual harassment, rather than relying solely on general bullying or dignity at work training.
- Practical and scenario-based: using real workplace situations may help employees recognise problematic behaviour and understand how to respond.
- Tailored to distinct roles: managers should receive additional training on handling complaints, supporting staff and escalating concerns appropriately.
- Focused on bystander intervention: employees should be encouraged and trained to challenge or report inappropriate behaviour safely when they witness it.
Providing meaningful, tailored training may help show that an employer has taken reasonable preventative steps. Done well, it can also have the added benefit of creating a workplace culture where harassment is recognised early and addressed before it escalates.
Next Steps: Moving From Awareness to Action
Employers are encouraged to act promptly to review workplace policies, contracts, and risk assessments to meet current sexual harassment duties.
If you would like advice tailored to your workplace, Witan’s employment solicitors can assist with:
- reviewing equality policies and harassment procedures
- carrying out risk assessments to identify higher-risk roles and scenarios
- advising on updates to contracts, reporting channels and training programmes
- helping you build a preventative framework aligned with the current duty and the changes expected in 2026
For advice tailored to your specific circumstances, you can contact Witan on 0300 303 2071 or by email.
FAQs
Does the Duty Apply to Small Employers?
Yes. The preventative duty applies to employers of all sizes. What counts as reasonable steps may vary depending on the size of the organisation, its resources and the nature of the workplace.
Can an Employee Bring a Standalone Claim for Breach of the Preventative Duty?
Not at present. A breach of the duty is not currently a standalone tribunal claim, but a tribunal may increase compensation by up to 25% where a sexual harassment claim succeeds and the employer failed to take reasonable steps.
Does the Duty Cover Third-Party Harassment?
Employers should already consider third-party risks as part of the preventative duty. Separate liability for third-party harassment is expected to expand from October 2026.
