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Preventing sexual harassment in the workplace

Writer's picture: Sharon Slinger FRICSSharon Slinger FRICS

The Worker Protection (Amendment to the Equality Act) Act 2023, effective from October 26th 2024, introduces a new requirement for UK employers to actively prevent sexual harassment in the workplace. Here’s what employers need to understand:


Key points of the Act:


  • Employer responsibility: Employers must take "reasonable steps" to protect employees from sexual harassment. This obligation, added to the Equality Act 2010, can be enforced by employment tribunals or the Equality and Human Rights Commission (EHRC).

  • Penalties for non-compliance: Employers who fail to meet this obligation risk enforcement action by the EHRC, and compensation in harassment claims may increase by up to 25% if found in breach of this duty.

  • Harassment by third parties: The preventative duty provides workers with protection from sexual harassment by third parties

  • Proactive measures: Employers need to demonstrate they are actively preventing harassment by introducing reasonable steps as proposed by the EHRC, including undertaking risk assessments, updating policies, providing regular training, and implementing clear reporting channels.


Recommended steps to prevent sexual harassment in the workplace:


The EHRC have provided guidance, including the following recommended actions:

  • Developing and widely communicating a robust anti-harassment policy, which includes third party sexual harassment

  • Undertaking regular risk assessments to identify where sexual harassment may occur and the steps that will be taken to prevent it

  • Being proactively aware of what is happening in the workplace and any warning signs, by engaging with staff through 1-2-1s, surveys and exit interviews

  • Monitoring and evaluating the effectiveness of actions.


Potential enhancements to the law:


The government may further strengthen the Act, potentially expanding employers’ duties to prevent other types of harassment by third parties.

How can Constructing Rainbows help:


To be ready for the new legislation, employers should start preparing now.

We can support by:


  1. Create or review your anti-harassment policy: Ensure a clear policy is in place, defining harassment, with particular reference to sexual harassment. Establishing straightforward mechanisms for employees to report harassment, and train managers to handle complaints effectively.

  2. Facilitate the creation of sexual harassment risk assessments: Identify and assess areas in the workplace where harassment may occur and take steps to mitigate those risks.

  3. Training for all employees: Provide comprehensive training on how to recognise, prevent, and respond to sexual harassment.

  4. Create a strategy for a positive workplace culture: Including appropriate behaviour, upholding company values, and creating an inclusive, respectful work environment.


Our Worker Protection Act training programmes will upskill employees on the new duty to prevent sexual harassment in the workplace:


  • The Employer’s responsibilities under the Worker Protection Act: This one-hour session provides an overview of the Worker Protection Act for business leaders and HR Managers. It will cover the new actions required to prevent sexual harassment, risk assessments, reporting mechanisms, and the penalties for business if they fail to act.

  • Line Managers guide to the Worker Protection Act: This one-hour session provides anyone with line management responsibilities an overview of the new legislation, and how to create inclusive teams, address bad behaviour and handle complaints about sexual harassment in a fair and balanced way.

  • Sexual harassment in the workplace: This one-hour session will ensure participants know what sexual harassment (and other inappropriate behaviour) looks like in the workplace, the role they have to play in preventing it, and how to deal with it effectively. This is recommended for all employees, and will be part of the preventative measures recommended by the EHRC.


By taking these steps, employers not only comply with the new law but also create a safer and more respectful workplace for all.


To book training for your workplace, contact Emma McLaughlin-Edwards emma@constructingrainbows.co.uk

An invite to sign up for Worker Protection Act training with Constructing Rainbows Logo and photo of Emma McLaughlin-Edwards
Worker Protection Act Training

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