Sexual harassment in the workplace: Where are you on your compliance journey?

26 October 2025 marks one year since the proactive duty came into force, requiring employers to take reasonable steps to prevent sexual harassment in the workplace. Now is a good time for employers to assess whether they’re doing enough to meet their legal obligations.

The proactive duty

Employers have a duty to take reasonable steps to prevent sexual harassment of their staff in the workplace. This proactive duty aims to shift the focus from redress to prevention and protection. It covers not only harassment between employees but also harassment by third parties, such as clients or customers. While currently employees can’t bring claims for harassment by third parties, this is expected to change (see below).

Taking meaningful steps to prevent sexual harassment won’t just help you meet your legal and any regulatory responsibilities - it also supports a more inclusive and positive workplace culture. 

Enforcement of this duty

If an employee wins a sexual harassment claim, the Employment Tribunal can increase the compensation awarded by up to 25% if it finds the employer failed to meet its duty to take reasonable steps to prevent harassment. So far, there haven’t been any reported Tribunal decisions concerning this duty, but we’ll keep you updated. Notably, however, Acas has seen a 39% rise in sexual harassment-related enquiries in the first half of 2025 – a sign that awareness and concern around this issue has increased significantly.

Even without the 25% uplift, compensation in successful claims can be significant. In fact, the highest award made by a Tribunal in 2023-2024 - before this duty came into force - was over £995,000 in a sex discrimination case. 

The Equality and Human Rights Commission (EHRC) also has enforcement powers. Recently, it entered into a legal agreement with a major retailer that hadn’t taken reasonable steps to prevent sexual harassment. The EHRC set out the actions the employer must take to comply with the duty and will monitor progress.

What’s coming next?

The Employment Rights Bill, which is expected to become law shortly, will introduce further responsibilities for employers from October 2026, including:

• A tougher duty to prevent sexual harassment: Employers will need to take “all reasonable steps” -  not just “reasonable steps” - to prevent sexual harassment in the workplace. This is likely to involve measures such as risk assessments, action plans, staff training and clear procedures for handling complaints.
• New liability for third party harassment: Employers could be held responsible if an employee is harassed by a third party (e.g. a client or customer) in the course of their employment, and the employer failed to take all reasonable steps to prevent it. This applies to harassment on any protected ground, not just sexual harassment.

From April 2026, another key change will take effect: sexual harassment disclosures will be protected under whistleblowing law, provided they meet the criteria for a protected disclosure.

The Bill will also make most non-disclosure agreements (NDAs) and confidentiality clauses unenforceable if they seek to prevent workers from making allegations or disclosures about harassment or discrimination. The exact timing for this change is still to be confirmed.

It’s not too late to act – what should HR be doing now?

If your organisation hasn’t yet taken steps to comply fully with the proactive duty, you’re not alone – and there’s still time to take action.

We recommend developing a structured action plan that includes the following key steps:

Step 1: Gather information on what you’re currently doing  

What measures are already in place to prevent sexual harassment?

Step 2: Consider and review your current culture and risk points 

Conduct a thorough risk assessment to identify where sexual harassment risks may arise. The EHRC guidance is clear: without a risk assessment, employers are unlikely to comply with the proactive duty.

Step 3: Put in place an action plan 

Use the findings from your risk assessment to implement measures to mitigate these risks.

Step 4: Plan a rolling review  

Regularly review your policies, procedures and training. Revisit your risk assessment annually to evaluate the effectiveness of your action plan and make necessary adjustments.

Already taken steps to comply with this duty? Here’s what to do now

The EHRC guidance emphasises the importance of ongoing evaluation. You should:

• Reassess the effectiveness of the measures you’ve implemented.
• Consider whether changes in your workplace or workforce mean there are additional reasonable steps to take.
• Repeat your risk assessment annually and update your action plan as needed.

How we can help

We provide a comprehensive range of services to help your organisation both meet its legal and regulatory responsibilities, and promote a respectful and inclusive workplace culture - including:

• Practical guidance on conducting risk assessments and navigating compliance requirements
• Online training for staff focused on building an inclusive workplace culture
• Specialist training for managers and leadership teams on preventing sexual harassment
• Investigator training to equip staff to handle sexual harassment investigations effectively
• Staff surveys to assess experiences and perceptions of workplace harassment
• Policy and procedure reviews to ensure your documentation aligns with best practice and legal standards

See here for more details on how we can help

Contact us