Tackling Sexual Harassment: What Employers must include in Workplace Risk Assessments

From October 2024, UK employers have a strengthened 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 shift now requires employers to take a much more proactive stance in preventing sexual harassment in their workplaces.

Undertaking a risk assessment should be the first step in dealing with this issue and is now a critical tool in safeguarding employees.

So why do risk assessments matter?

Sexual harassment can occur in any workplace, regardless of size or sector. A robust risk assessment can help employers identify in the first place where and how harassment might occur, and what can be done to prevent it.

Failure to act and undertake this risk assessment could lead to enforcement action by the Equality and Human Rights Commission (EHRC) or increased compensation in tribunal claims.

So what should employers be looking at to include in their risk assessments?

1. In the first instance, employers need to identify what the potential hazards in their workplace are.

These could include:

• Physical hazards as a result of the workplace / environment such as isolated, secluded, poorly lit or insecure areas.
• Whether staff are having to travel or stay elsewhere as a result of their work that may expose them to unknown third parties.
• Staff working after hours / overnight or undertaking shiftwork perhaps on their own.
• What the make up of the workforce is in terms of sex, age, size, industry or vulnerabilities.
• What the workplace culture is like.
• Whether staff undertake work-related social events including situations involving alcohol
• Whether there is / is the potential for power imbalances (e.g. between managers and junior staff)
• Whether staff have interactions with third parties (e.g. clients, customers, contractors)
• Whether the workplace has in place appropriate and sufficient practices and procedures including policies, training and reporting and monitoring processes

2. Having identified what the hazards are, employers should then assess who might be at risk. They should recognise that some employees may be more vulnerable, including:

• Young workers, apprentices, and interns
• Staff with disabilities or learning difficulties
• Staff from minority groups
• Temporary or agency workers
• Employees working off-site or travelling for work

3. The next step for employers is then to evaluate what the existing controls in place are including:

• Reviewing current policies, training, and reporting mechanisms.
• Questioning whether staff are aware of what constitutes sexual harassment?
• Understanding whether staff know how to report concerns safely and confidentially?

4. Employers then need to determine what reasonable steps they need to take to ensure that they have complied with their duties. These steps may include:

• Clear, accessible anti-harassment policies
• Regular, tailored training for all staff and managers
• Visible leadership commitment to a respectful workplace
• Safe and trusted reporting channels
• Prompt and fair handling of complaints

5. Once the above exercise has been completed, employers should ensure that they have recorded and reviewed the outcome of their risk assessment including:

• Documenting the findings and actions taken; and
• Regularly reviewing and updating the risk assessment, especially after incidents or changes in working practices.

Embedding Prevention into Workplace Culture

Risk assessments should not be a one-off exercise. They must be part of a broader strategy to foster a respectful, inclusive, and safe working environment. This includes leadership modelling appropriate behaviour, encouraging open dialogue, and ensuring accountability at all levels

Sexual harassment is not just a legal risk – it is a serious workplace harm that affects wellbeing, productivity, and reputation. By embedding sexual harassment prevention into your risk assessments and wider culture, you not only comply with the law but also create a safer, more respectful workplace for everyone.

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.