Employers – a proactive approach to preventing sexual harassment in the workplace
It is one year since the Government’s new duty to take reasonable steps to prevent sexual harassment in the workplace came into force for employers.
The new duty, under The Worker Protection (Amendment of Equality Act 2010) Act 2023 and part of a broader plan to strengthen protections against workplace sexual harassment, aims to ensure all employees can work in a safe and respected environment.
Employers are encouraged to review and update policies and procedures to ensure they are effective; adopt a zero-tolerance stance, carry out risk assessments, open confidential reporting channels and offer practical training, applicable to the workplace.
Liam Kenealy, head of employment at Wake Smith Solicitors, looks at how employers can take reasonable steps to prevent sexual harassment.
Employers should create a culture where sexual harassment is understood to be unacceptable, including anyone in a position of authority.
This includes harassment from colleagues, at work or in settings connected to work, and also harassment from third parties such as customers, service users or the public.
Employers should:
- Develop and publish a policy on sexual harassment
- Train managers on their responsibilities
- Foster environments where sexual harassment is not present or tolerated, with staff empowered to report any issues
- Regularly review their risk assessments and consider any changes in the workplace or workforce that may need additional steps
- Seek input from workers or their representatives to ensure any changes are appropriate and effective
Employers should identify and address risks by considering:
- the risks of sexual harassment happening in their organisation
- reasonable steps to reduce the risks of sexual harassment happening
Employers must not wait until something has happened before they take action.
If sexual harassment has taken place, an employer should take action to stop it from happening again.
Some notable cases relating to incidents that occurred before the changes and findings in 2025 have shown how important reform is. Research revealed:
- A healthcare support worker won a workplace harassment claim after her employer failed to provide a private space for her to express breast milk - considered sexual harassment.
- A hospital pharmacy worker won a tribunal case over her claim of sex-related harassment and body shaming, highlighting the need for employers to address workplace behaviour.
- A 2025 Unite the Union survey found 60% of women reported experiencing sexual harassment during their working lives, including 25% who had been sexually assaulted at work.
- The Office for National Statistics estimated 8% of women aged 16 and over experienced workplace sexual harassment within the past year.
Your next move?
If you want assistance in implementing policies and training around preventing sexual harassment in your workplace, contact the employment team at Wake Smith to discuss your options and provide training around the subject.
Call Wake Smith Solicitors on 0114 266 6660.