29th June 2026
What Is Sexual Harassment And What Steps Should Employers Be Taking?
Over recent years, the legislation surrounding sexual harassment in the workplace has been significantly strengthened to provide greater protection for employees. In the UK, sexual harassment in the workplace is primarily governed by the Equality Act 2010.
However, in 2024, these protections were further strengthened by the Worker Protection (Amendment of Equality Act 2010) Act 2023. The Act introduced a strict preventative duty on employers, stating that employers should take proactive, reasonable steps to prevent sexual harassment in the workplace.
It is important to note that this duty extends to third parties. The obligation to prevent harassment applies to any conduct occurring ‘in the course of employment’, including incidents involving individuals who are not directly employed by the company.
It should also be noted that, as of October 2026, further duties will be placed on employers under the Employment Rights Act 2025. Employers will be required to take ‘all reasonable steps’ to prevent sexual harassment instead of just the current ‘reasonable steps’. This blog will address what constitutes sexual harassment before moving on to ways that companies can ensure they have the required protections in place ahead of the upcoming changes later in the year.
What Is Sexual Harassment?
Under section 26 of the Equality Act 2010, sexual harassment occurs where someone engages in unwanted conduct of a sexual nature, and the conduct has the purpose or effect of either violating another person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment.
It is important to note that the intention behind the conduct is irrelevant; the effect of the conduct and whether it would seem reasonable to have that effect are what is relevant. There are examples of cases where individuals in the workplace have been involved in communication branded as ‘banter’, examples of which have included asking someone intrusive questions about someone’s private life, making sexual jokes or looking suggestively and staring consistently, all of which could amount to sexual harassment.
Responding To Concerns About Sexual Harassment
Employers can be liable for one employee’s sexual harassment of another employee, even where they were unaware that it was happening. Therefore, any suggestion that sexual harassment may be occurring, or has occurred in the past, needs to be taken very seriously. Do not wait for a formal grievance to be raised; even the mere mention of concerns to a manager should put you on notice of a potential problem.
The employee may feel embarrassed and worried about not being believed or the potential consequences of raising a grievance. Although the employee cannot be forced to pursue an official complaint, an employer’s failure to act could be risky: vicarious liability for any sexual harassment claims, potential further harassment of other staff, loss of talent and reputational damage are all possible consequences.
The employee should be offered support and reassurances that any concerns will be dealt with appropriately and confidentially. Many employers have a bullying and harassment policy with specific commitments on supporting employees raising allegations of harassment. You and all of your managers need to be familiar with your policy.
Consider Suspending The Alleged Perpetrator
If the allegations are serious, consider whether the alleged perpetrator should be suspended from work. Even where the allegations are less serious, the complainant may feel uncomfortable continuing to work with the person they have raised concerns about. You may consider changing their working arrangements to minimise contact between the employees during the investigation. This needs to be done carefully to ensure neither employee feels victimised or that the outcome of the investigation has been pre-judged.
Investigating The Allegations And Wider Issues
As with any grievance, investigate the allegations promptly. The investigator should be careful before reaching any judgments about whether the complainant is being ‘over sensitive’.
As explained above, conduct may be regarded as sexual harassment where it has the purpose or effect of violating the complainant’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
When determining whether the conduct complained about meets this criterion, an employment tribunal will consider the complainant’s perception, the surrounding circumstances and whether the conduct could reasonably have that effect.
Look out for any wider issues, which may need to be addressed. For example, might colleagues be turning a blind eye to inappropriate behaviour due to a perpetrator’s seniority or status as a joker or star employee?
If the allegations relate to incidents some time ago, think about and question why the complainant has felt unable to raise concerns until now. Is it possible that other employees have similar concerns as the complainant?
How Can Employers Prevent This Going Forward?
Going forward, employers will be expected to take ‘all reasonable steps’ to prevent sexual harassment. The following list outlines key measures employers should take.
Develop clear and easily accessible policies
Companies should have a well-defined sexual harassment policy, including a clear definition of what constitutes sexual harassment and a clear reporting procedure. The reporting procedure should clearly set out the process involved and potential consequences for violation of the policy.
Sexual harassment training
Sexual harassment training in the workplace enables employees to be directly educated as to what constitutes sexual harassment, how to actively identify it and most importantly, how to prevent it. Training enables employees to understand in more detail how a scenario might unfold and how to react in those circumstances.
It is also important to provide targeted training for managers and those responsible for handling sexual harassment complaints, ensuring they have both the knowledge and confidence to respond appropriately to incidents. This training is a clear example of how an employer can show they are taking proactive steps to prevent sexual harassment.
Enforce a zero-tolerance culture
Establishing a clear standard of what constitutes acceptable behaviour in the workplace helps employees feel safe and confident in recognising and reporting when those boundaries are crossed.
By ensuring that workers are encouraged to speak up about sexual harassment through visible support and a clear reporting process, employers can help deter such behaviour and reduce the risk of it happening in the first place.
Current best practice encourages employers to:
- anonymous reporting channels
- multiple reporting routes
- alternatives where the line manager is involved
Conduct risk assessments
Sexual harassment can occur anywhere in the course of work, not just in the physical workplace. If employees are attending post-work events, sharing transport or attending work trips together, employers should ensure all appropriate precautions are in place to minimise any potential risk.
For example, this may include ensuring someone who has been trained in sexual harassment prevention is present or conducting regular meetings with employees as to what precautions would make them feel safer, enabling them to highlight any situations that may cause discomfort.
Keep Accurate Records
In the event that an employer ends up before a tribunal, providing evidence of preventative steps is important.
Under the preventative duty, employers should document:
- any training delivered
- investigations undertaken
- policy reviews
- risk assessments
- actions taken
Important Note
It’s important to note that where an employer fails to comply with the preventative duty, an Employment Tribunal may increase compensation awarded for sexual harassment by up to 25%, demonstrating why employers need to take any mention of sexual harassment seriously.
Conclusion
Creating a safe, respectful workplace which actively prevents sexual harassment is no longer just a legal obligation but also a key part in building a healthy company.
By taking steps to promote an open culture where people feel safe reporting, people clearly understand what standards are expected of them, and by building trust between employees, not only is a company taking all steps to reduce the risk of sexual harassment, but they will also be building a stronger and safer working environment.
