Sexual Harassment in the Workplace: The Hidden Issue

In October 2024, a significant shift in UK employment law came into effect. Under the Worker Protection (Amendment of Equality Act 2010) Act 2023, all employers are now legally required to take “all reasonable steps” to prevent sexual harassment in the workplace.

This change reflects a growing recognition that prevention, and not just reaction, is key to creating safe, respectful, and productive work environments.

But sexual harassment doesn’t happen in my workplace, why do I need to do anything?

Many employers believe that sexual harassment isn’t an issue in their organisation.

But this assumption can be dangerous. Sexual harassment often goes unreported due to fear of retaliation, embarrassment, or a belief that nothing will change. A lack of complaints doesn’t mean a lack of incidents – it may simply reflect a lack of trust in the reporting process.

To say that “It doesn’t happen here” is simply not enough now in light of the change to the legal duties that employers are now under.

The legal duty – so what has changed?

As of 26 October 2024, employers must anticipate the risk of sexual harassment and take proactive measures to prevent it. This includes:

• Conducting risk assessments
• Implementing clear anti-harassment policies
• Providing regular training
• Creating safe reporting mechanisms
• Taking swift action when issues arise
• Monitoring and reviewing all of the above

Failure to meet this duty can result in legal action by the Equality and Human Rights Commission (EHRC), and potentially successful claims being brought in the employment tribunal, civil and criminal courts. Employers therefore must now do more to ensure that they are compliant with their obligations under this new and enhanced duty.

But we think we already do all of the above, and provide a great workplace culture, why do we need to consider this issue further?

Even if you have a great workplace culture, sexual harassment, because of its very nature, is an incredibly sensitive topic, and there will in all likelihood be instances of it happening in your workplace which simply are not reported for the reasons detailed above.

Whilst employers cannot always prevent incidents from happening, what they can do, is take all the steps that they can to create a zero-tolerance culture as far as possible, so that if it does happen, employees are more likely to report issues that they otherwise would keep to themselves.

Unless employers take steps to take this issue more seriously in the workplace where people spend most of their time, the number of incidents will continue to rise.

But we still think that we are a low – risk workplace in terms of incidents of sexual harassment?

Even if your workplace seems low-risk, certain factors can increase vulnerability, in particular in situations that perhaps the employer cannot control:

• Power imbalances (e.g., between managers and junior staff)
• Isolated / remote working conditions
• Whilst employees are travelling / offsite
• Alcohol-fuelled social events
• Customer-facing roles or third-party interactions
• Younger or less experienced staff

Employers must assess these risks and tailor their prevention strategies accordingly.

In any event, beyond legal compliance, preventing sexual harassment is simply good business. A safe and respectful workplace:

• Boosts employee morale and retention
• Reduces absenteeism and turnover
• Enhances reputation and employer brand
• Improves productivity and collaboration

Tackling harassment also supports diversity and inclusion efforts, helping organisations attract and retain top talent from all backgrounds.

Conclusion

The default position now needs to always be that sexual harassment could happen in your workplace.

Employers need to ensure that they have done everything that they possibly can do to prevent sexual harassment taking place in their workplaces.

Preventing sexual harassment is not just a legal obligation – it’s a moral and strategic imperative. Even if you believe it’s not happening in your workplace, taking proactive steps shows your commitment to a safe, inclusive, and high-performing environment.

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.