Many employers are unaware of tougher workplace sexual harassment rules

A significant proportion of employers remain unaware of forthcoming changes to workplace sexual harassment law, raising concerns that some organisations may be unprepared when the tougher requirements take effect.

Research involving 1,050 senior decision makers across Great Britain found that 41% were unaware of the new legal responsibilities. From 30 October, employers will be expected to take “all reasonable steps” to prevent sexual harassment in the workplace under reforms contained in the Employment Rights Act 2025.

The change strengthens the existing requirement for employers to take “reasonable steps” and is expected to increase the level of preventative action organisations need to demonstrate.

The reforms also extend protection in relation to harassment involving third parties. Employers could potentially be liable where workers are harassed by people such as customers or members of the public unless the organisation can demonstrate that it took all reasonable preventative steps.

Awareness of the legislation is only part of the challenge, with separate research indicating that many organisations are uncertain whether their current arrangements will satisfy the strengthened requirements.

One survey found that 54% of UK businesses were concerned they had not done enough to meet their legal responsibilities around preventing sexual harassment. The move from taking “reasonable steps” to taking “all reasonable steps” may appear relatively minor in wording, but it potentially represents an important change in what employers will need to do to demonstrate compliance.

Assessing where sexual harassment could occur is likely to be an important part of preparing for the strengthened duty. Risk assessments can help employers identify circumstances in which staff may be particularly vulnerable and determine what preventative measures are appropriate.

The appropriate response will vary according to the organisation. Factors such as workforce size, working environment, interaction with customers or members of the public and available resources may all influence what preventative measures are considered reasonable.

Organisations should also consider documenting the risks they identify, the measures adopted in response and the reasoning behind decisions not to implement particular measures.

Practical steps for employers:

• Preparation should extend beyond simply updating a written harassment policy. Employers should consider whether their policies are understood by staff, whether reporting procedures are accessible and trusted, and whether managers know how to respond when concerns are raised.
• Regular and meaningful training can also help demonstrate that preventing harassment is treated as an ongoing workplace responsibility rather than a compliance exercise carried out once and forgotten.
• Where employees regularly interact with customers, clients, suppliers or members of the public, organisations may need to consider risks arising from those relationships as well.
• Depending on the workplace, preventative measures could include clearer expectations for customers and contractors, staff briefings, appropriate signage, security arrangements and changes to contractual terms with third parties.
• Employers may also want to consider whether previous complaints, employee feedback, exit interviews or workplace surveys reveal areas where harassment is more likely to occur.

The strengthened legislation places greater emphasis on prevention. While employers cannot necessarily guarantee that inappropriate behaviour will never occur, they may increasingly need to demonstrate that they actively identified relevant risks and took appropriate measures before an incident happened.  Should you require advice on the implications of this legislation in your workplace, please contact 121 HR Solutions at enquiries@121hrsolutions.co.uk