Almost a year has passed since UK employers became subject to a proactive duty to prevent sexual harassment at work. With the Worker Protection Act 2023 in force and the EHRC actively monitoring compliance, businesses need to ensure their policies and practices are up to date, not only to protect employees but also to avoid financial and reputational risk.

A shift in employer responsibility

The legislation, which took effect on 26 October 2024, amended the Equality Act 2010 to require employers to take “reasonable steps” to prevent harassment. This marked a significant change: instead of simply responding to complaints, organisations are now expected to anticipate and minimise risks.

This obligation extends beyond colleagues, it includes harassment from third parties such as customers, contractors, and suppliers. While employees cannot yet bring standalone claims for third-party harassment, the duty to act still applies.

Failure to comply can be costly. A tribunal can uplift compensation by up to 25% if an employer has not taken preventative measures, and the EHRC can impose binding agreements, launch investigations, or seek injunctions.

Lessons from recent enforcement action

The EHRC’s high-profile involvement with McDonald’s in 2023 and 2025 is a reminder of the stakes. Despite entering into a binding agreement to improve practices, further allegations emerged, prompting the EHRC to contact all UK franchisees. The regulator set out what it expects as “reasonable steps”, such as:

• Clear communication of a zero-tolerance stance
• Regular, tailored risk assessments
• Extra protections for younger or more vulnerable staff
• Robust and sensitive complaint handling procedures
• Active engagement with employees to identify risks early

Although no additional sanctions have yet been imposed, the reputational fallout has been significant, a warning to all employers.

Another recent and highly instructive example involves Lidl GB. An employment tribunal found that Lidl had failed to take all reasonable steps to prevent sexual harassment of a young female employee between 2019 and 2021, managers were unaware of the anti-harassment policy, and no risk assessments were conducted.

Since then, Lidl GB entered into a legally enforceable Section 23 agreement with the EHRC. Under this agreement, the company has committed to several proactive measures, including:

• Running staff surveys to identify harassment risk early
• Monitoring informal complaints to track emerging issues
• Reviewing the handling of formal complaints for effectiveness
• Analysing trends from complaints in 2023 and 2024
• Engaging with DE&I networks to co-design preventative steps
• Regularly updating risk assessments, policies, and training content

This agreement illustrates the depth of action the EHRC can and will demand when prevention is shown to be inadequate. Both the McDonald’s and Lidl cases serve as a stark warning that policy alone is not enough; organisations must demonstrate meaningful, sustained, and effective preventive action.

Key challenges for organisations

In our experience at Bhayani Law, businesses often encounter three recurring difficulties when trying to meet the new duty:

• Risk assessments: Unlike health and safety checks, harassment risks involve human behaviour, workplace culture, and power dynamics, making them harder to evaluate. Without regular assessments tailored to their workforce, employers will struggle to show compliance.
• Training: Standard e-learning alone rarely changes behaviour. Training should be interactive, relevant across all levels of the organisation, and regularly updated to reflect the preventative duty.
• Third-party risks: Extending protection to cover non-employees can create uncertainty. Employers need targeted training and communication for contractors, suppliers, and other third parties to manage these risks effectively.

What lies ahead

Further changes are expected under the Employment Rights Bill currently before Parliament. Proposals include:

• Raising the standard from “reasonable steps” to “all reasonable steps”
• Making employers liable even for one-off incidents of third-party harassment
• Extending the time limit for claims from three to six months

These reforms are unlikely to take effect before 2026, but the direction is clear: compliance requirements are set to become even more demanding.

Our advice

Embedding cultural change, refining training, and monitoring progress take time, but with legal obligations now firmly in place, and the risk of both enforcement action and reputational damage, employers cannot afford to be reactive.

If you missed our live webinar on this topic, you can still catch up!  To request access to the recording, just email us at [email protected].

Training

Sexual Harassment Training – Aimed at employees of all levels

Prevention is always better than cure. Our Sexual Harassment training goes beyond box-ticking, offering practical, interactive content that builds real understanding and shared responsibility for a culture of respect. The aim is to help individuals recognise inappropriate behaviour, understand the law, and prevent harassment in the workplace.

Dates: 6th October 2025 and 27th November 2025

For more details and to book your place, click here.