What are the risks of not taking steps to prevent sexual harassment in the workplace?

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

So, what are the risks of not taking all reasonable steps?

1. Create a toxic workplace culture

By not taking all reasonable steps to prevent sexual harassment within the workplace, you risk causing extensive damage to your workforce, and creating a toxic culture which can:

• Undermine employee trust and morale.
• Affect recruitment and retention.
• Impact productivity within the workplace as a result of the above.

2. External Reputational Damage

Public exposure of non-compliance – especially following a tribunal case or media coverage – can:

• Harm your organisation’s reputation.
• Affect recruitment and retention.
• Consequently impact your revenue.

3. Regulatory Enforcement by EHRC

The Equality and Human Rights Commission (EHRC) can:

• Investigate your organisation.
• Issue an unlawful act notice.
• Enter into a binding agreement with you.
• Apply for an injunction to prevent future breaches

4. Legal Exposure

Failure to comply can:

• Result in potential discrimination or harassment claims being brought in the Employment Tribunal, Civil Courts or in the worst case, Criminal Courts.
• Lead to broader scrutiny of your workplace practices.

5. Increased Tribunal Compensation / Financial penalties

If an employee brings a successful claim for sexual harassment through either the Employment Tribunal or via the Civil or Criminal Courts and the relevant authority finds that you did not take reasonable steps to prevent it:

• In an Employment Tribunal, the compensation awarded can be increased by up to 25%.

• In a Civil Court, extensive financial compensation / payments could be awarded as a result of any adverse findings.
• In a Criminal Court, result in extensive fines being ordered.

Conclusion

Failure to take all reasonable steps to prevent sexual harassment in the workplace now simply cannot be an option for all employers.

The change in the Equality Act as a result of the Worker Protection (Amendment of Equality Act 2010) Act 2023 now makes it impossible for Employers to overlook this issue.

To fail to take such steps to consider, investigate and prevent sexual harassment in the workplace in all likelihood will now result in significant damage to an Employer and the workplace as a whole. Outcomes of these failures include the creation of a toxic culture, causing reputational damage, which may be irreversible, potentially resulting in regulatory enforcement and legal exposure, which could then lead to increased financial penalties, all of which will need to be avoided in order for the workplace and the organisation to continue to flourish.

Contact Us

If you have any concerns about sexual harassment in the workplace or would like guidance on taking reasonable steps to meet your legal obligations, please don’t hesitate to contact Louise Plant

You can also visit our dedicated pages on Unwelcome Attention for more detailed information and support resources.