Employers now face a strengthened legal responsibility to actively prevent sexual harassment in the workplace. The new preventative duty under the Worker Protection (Amendment of Equality Act 2010) Act 2023 means organisations must take proactive measures to create a safe and respectful working environment. Previously, many organisations focused primarily on responding to incidents of harassment once they occurred. The updated legal framework shifts the emphasis toward prevention. Failure to comply with this duty could expose employers to legal risks, including claims brought before the Employment Tribunal, as well as reputational damage. For employers, the message is clear: prevention must now be a core part of workplace culture and governance.
What the New Duty Means for Employers
Under the strengthened legal duty, employers must take reasonable steps to prevent sexual harassment in the workplace.
This includes protecting employees not only from colleagues but also from third parties, such as:
- clients
- customers
- contractors
- suppliers
Organisations must also take proactive steps to identify and address potential risks before incidents occur.
This makes policies, training and workplace culture more important than ever.
Key Actions Employers Should Take Now
To ensure compliance with the new duty, employers should consider implementing the following measures.
- Develop a Clear and Comprehensive Harassment Policy
A robust harassment policy is a fundamental part of compliance.
Your policy should:
- clearly define sexual harassment and unacceptable behaviour
- outline reporting procedures for employees
- include measures addressing third-party harassment
- explain how complaints will be investigated and resolved
Policies should also make clear that harassment will not be tolerated under any circumstances.
- Conduct Workplace Risk Assessments
Employers should assess where harassment risks may arise within their organisation.
This may include:
- workplace environments where staff work alone or with the public
- customer-facing roles
- remote and virtual working environments
- social events or work-related travel
Risk assessments help organisations identify potential issues and implement preventative measures.
- Maintain an Action Log for Complaints and Outcomes
Employers must ensure all allegations of sexual harassment are properly investigated and documented.
Maintaining an action log can help organisations:
- record complaints and investigations
- document outcomes and actions taken
- identify patterns or recurring concerns
This information can also be used to evaluate whether workplace policies and preventative measures are effective.
- Introduce Training and Awareness Programmes
Training plays a crucial role in preventing harassment and promoting respectful workplace behaviour.
Employers should provide training that helps staff and managers understand:
- what constitutes sexual harassment
- how to report concerns
- how managers should respond to complaints
- how to create a respectful workplace culture
Maintaining a training log can also help demonstrate that the organisation has taken proactive steps to meet its legal obligations.
- Review Policies and Practices Regularly
Preventing harassment is not a one-off exercise.
Employers should regularly review:
- harassment policies
- workplace risk assessments
- complaint procedures
- training programmes
Regular reviews help ensure policies remain effective and aligned with evolving workplace practices.
Why Prevention Matters
Taking proactive steps to prevent sexual harassment is not only about legal compliance.
Creating a respectful workplace culture can also lead to:
- improved employee wellbeing
- stronger employee trust and engagement
- reduced workplace conflict
- protection of organisational reputation
When employees feel safe and respected at work, organisations are more likely to retain talent and maintain positive working environments.
How Nectar HR Can Support Your Organisation
At Nectar HR, we help organisations implement practical and legally compliant approaches to preventing workplace harassment.
Our team can support you by:
- developing or reviewing harassment policies
- conducting workplace risk assessments
- delivering manager and staff training
- helping organisations respond to complaints appropriately
If you would like support ensuring your organisation complies with the new duty to prevent sexual harassment, get in touch with our team today.