Many employers are confident they are doing enough to prevent sexual harassment in the workplace. They have an Anti-Harassment Policy, provide some form of training and understand they have legal responsibilities.

However, recent research suggests there is a significant gap between confidence and compliance.

A recent survey of senior UK HR professionals found that while 91% were confident they could demonstrate they had taken “all reasonable steps” to prevent sexual harassment, far fewer could actually evidence the practical measures needed if challenged. Many organisations lacked documented risk assessments, clear reporting procedures, manager training or evidence that action had been taken following complaints.

With employers now under increasing legal duties to proactively prevent workplace harassment, confidence alone is no longer enough.

The legal duty on employers

Since 26 October 2024, employers have had a proactive legal duty under the Worker Protection (Amendment of Equality Act 2010) Act 2023 to take reasonable steps to prevent sexual harassment in the workplace.

This represents a significant shift. Rather than simply responding when incidents occur, employers are expected to actively identify risks, prevent inappropriate behaviour and foster a workplace culture where employees feel safe to raise concerns.

If an Employment Tribunal finds that an employer has breached this duty in a successful sexual harassment claim, compensation can be increased by up to 25%.

The legal expectations will increase further from 30 October 2026, when the duty is strengthened, requiring employers to take all reasonable steps to prevent sexual harassment. This raises the bar considerably and means employers will need to demonstrate that they have taken every reasonable measure to prevent harassment before it happens. Find out more about the Employment Rights Act 2025 reforms here.

Policies alone won’t protect your business

Many employers have an Anti-Harassment Policy sitting in their employee handbook.

Unfortunately, having a policy alone is unlikely to be enough.

The Equality and Human Rights Commission (EHRC) expects employers to actively embed respectful workplace behaviours rather than simply issuing documentation that employees rarely read.

Employers should be able to demonstrate that they have:

• Up-to-date Anti-Harassment and Equality Policies
• Regular sexual harassment training for all employees
• Additional training for managers
• Clear and confidential reporting procedures
• Robust investigation processes
• Appropriate disciplinary action where required
• Regular reviews of workplace risks and culture

If you were asked to provide evidence tomorrow, would you be able to show what your organisation has done?

Don’t overlook third-party harassment

Many employers focus solely on the behaviour of their own employees.

However, harassment can also come from people outside your organisation.

Customers, clients, contractors, suppliers, visitors and service users can all engage in inappropriate behaviour, and employers cannot simply dismiss these situations because the individual is not an employee.

The EHRC guidance makes it clear that employers should take proactive steps to protect employees from harassment by third parties where there is a foreseeable risk.

This means employers should consider:

• Whether particular roles involve regular interaction with customers or members of the public.
• Whether previous incidents suggest there is an ongoing risk.
• Whether managers know how to respond when concerns are raised.
• Whether employees feel confident reporting inappropriate behaviour from third parties.

Depending on the circumstances, appropriate action could include:

• Challenging unacceptable behaviour immediately.
• Warning or removing a customer or visitor from the premises.
• Ending relationships with clients or contractors where appropriate.
• Reporting serious incidents to the police.
• Providing support to the employee affected.

From 30 October 2026, that duty will be strengthened. Employers will be required to take all reasonable steps to prevent sexual harassment, and a new obligation will be introduced making employers liable for harassment of their employees by third parties, such as customers, clients, contractors or visitors, where they have failed to take all reasonable steps to prevent it.

This is particularly relevant for organisations operating in sectors such as retail, hospitality, healthcare, manufacturing, transport and customer service, where employees regularly interact with members of the public.

Managers are often the weakest link

Managers are usually the first person an employee speaks to after experiencing inappropriate behaviour.

Yet many organisations still fail to provide managers with dedicated training on handling sexual harassment complaints.

Without appropriate training, managers may:

• Fail to recognise inappropriate behaviour.
• Dismiss concerns as “banter”.
• Delay escalating complaints.
• Handle investigations inconsistently.
• Discourage employees from speaking up.

Not only does this increase legal risk, but it can also damage employee trust and workplace culture.

Managers need the confidence to respond appropriately, record concerns properly and know when specialist HR or legal advice is required.

Prevention is about culture, not just compliance

One of the biggest mistakes employers make is treating sexual harassment prevention as a compliance exercise.

Providing annual training and filing away a policy is unlikely to create a respectful workplace culture.

Employees need confidence that:

• Concerns will be taken seriously.
• They will be supported throughout the process.
• They will not suffer retaliation for speaking up.
• Investigations will be handled fairly and consistently.
• Senior leaders genuinely promote a zero-tolerance approach.

Creating that culture requires visible leadership, ongoing communication and managers who are confident dealing with difficult conversations.

Practical steps employers should take now

Now is a good opportunity to review whether your organisation is genuinely meeting its legal obligations.

Ask yourself:

• Is your Anti-Harassment Policy up to date?
• Have all employees received recent sexual harassment training?
• Have managers received additional training on handling complaints?
• Do employees know how to report concerns confidentially?
• Do you investigate complaints consistently and keep appropriate records?
• Have you assessed the risk of harassment from customers, clients, contractors or visitors?
• Do managers know how to respond if an employee is harassed by a third party?
• Could you demonstrate the practical steps you have taken if challenged by an Employment Tribunal?

If the answer to any of these questions is “no” or “I’m not sure“, it may be time to review your current approach.

How Bhayani Law can help

Preventing sexual harassment is about more than legal compliance. It is about creating a workplace where employees feel safe, respected and supported.

At Bhayani Law, we work with employers to ensure they not only meet their legal obligations but also create positive workplace cultures that reduce risk and build employee confidence.

Our team can support you with:

• Reviewing and updating Anti-Harassment and Equality Policies.
• Delivering sexual harassment in the workplace training for employees and managers.
• Advising on workplace investigations and disciplinary procedures.
• Conducting HR compliance and culture audits.
• Supporting employers with complaints involving employees, customers and other third parties.
• Ongoing HR and employment law advice through our Watertight HR & Legal service.

Taking proactive steps today can help protect your employees, reduce legal risk and demonstrate that your organisation takes its responsibilities seriously.

If you’d like to review your policies, discuss manager training or ensure your organisation is meeting its legal obligations, contact our expert team today on 0333 888 1360 or email [email protected].