Despite new laws introduced in October 2024, workplace sexual harassment remains alarmingly prevalent. A 2025 Unite the Union survey of over 23,000 workers found that 60% of women reported experiencing sexual harassment during their working lives, including that:
- 25% had been sexually assaulted at work.
- 8% experienced sexual coercion.
- 43% were inappropriately touched, and 28% were shown pornographic material by colleagues or third parties.
- 75% did not report incidents, often due to fear of disbelief or retaliation
As business owners, it’s essential to ensure compliance with obligations to take steps to prevent harassment in the workplace. What was once a reactive approach is now insufficient and with legal requirements set to become more stringent. Here’s how you can proactively mitigate risks, avoid costly disputes and guard against damage to reputation as well as to create a safer, more respectful workplace.
Changing leal landscape of sexual harassment
- The Worker Protection (Amendment of Equality Act 2010) Act 2023
From 26 October legal duties on businesses changed so that employers are required to take reasonable steps to prevent workplace sexual harassment by their own workers and by third parties, although a worker cannot bring a stand alone claim in the for third party harassment. The Equality and Human Rights Commission (EHRC) have power to enforce compliance, even absent a formal complaint, and allows Employment Tribunals to uplift compensation by up to 25% if preventative duties are not met.
- Employment Rights Bill: Raising the Bar
The upcoming Employment Rights Bill will extend this duty, requiring employers to take all reasonable steps which will result in a harder test for employers to meet. It will reintroduce obligations to guard against all third-party harassment, not just sexual harassment, which will widen scope significantly. That would include harassment from customers, clients, suppliers, workplace visitors and members of the public. The same Bill will ban non disclosure agreements (NDAs), such as those often used in settlement agreements, if they attempt to silence victims of harassment or discrimination, reinforcing transparency and meaning a shift in how employers manage such issues.
What should Employers Do: A 5-Point HR Action Plan
These changes are expected in 2026 and ahead of implementation, businesses should start considering steps to take now, so that they are ready and prepared.
- Update and Communicate your Policies
- Review and refresh anti-harassment policies that define harassment (including third-party misconduct), explain reporting mechanisms, and assert a zero-tolerance stance.
- Ensure accessibility and visibility across the workplace reinforce proactively, such as via intranets, and regular training.
- Conduct Proactive Risk Assessments
- Carry out detailed risk assessments to identify the risks. This will need to be done again to ensure that they are still suitable for the change to ‘all reasonable steps’.
- Identify high-risk settings, think in particular on those who undertake lone working, business trips, social events, or interactions with clients or contractors and document ways to avoid or put in place mitigation strategies.
- Deliver Regular, Tailored Training
- Deliver mandatory training to all staff, covering what constitutes harassment and how to report or intervene. Tailor additional modules for managers on handling complaints empathetically and effectively.
- Establish Trustworthy Reporting Mechanisms
- Provide multiple confidential or anonymous channels for reporting, such as third-party hotlines or online platforms. Ensure complaints are logged, investigated promptly, and tracked for patterns.
- Monitor, Review, and Lead by Example
- Regularly survey staff, engage in one-to-ones or exit interviews, and review metrics on harassment reports.
- Ensure senior leaders visibly back the zero-tolerance policy.
- Revisit policies and practices regularly.
Why It Matters
Falling short of legal expectations isn’t just an increase in the financial risks associated with Employment Tribunal claims, exposure of harassment cases can have significant damage your brand and reputation, especially in the age of social media.
Beyond liability and associated reputational risks, employers who encourage strong preventative measures preserves trust and reinforce a culture of respect, where employees feel safe and empowered. In turn, a respectful and inclusive culture will help boot engagement, loyalty and performance whilst helping to attract and retain staff.
Final Word
Employers now face active duties, elevated obligations, and a future in which silence can no longer be enforced. Forward-thinking employers won’t just comply; they will lead the way. By embedding prevention, training, and accountability into everyday business, you safeguard not only your workforce but your organisation’s integrity and resilience.
