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Regular listeners will remember that in our last JMA in 10 podcast we discussed the
new pro-active duty on employers to take “all reasonable steps” to prevent sexual
harassment which comes into force later this month (30 October).
Since 26 October 2024, businesses have been under a legal duty to take some “reasonable
steps” to prevent sexual harassment. This new duty raises the bar for employers and also
introduces long-awaited third-party harassment protections (making businesses liable if
clients or customers harass staff).
Further, if an employer fails this active, preventative duty, employment tribunals can now
issue a compensation uplift of up to 25% in successful claims.
What is “reasonable” will vary from employer to employer. The law does not set out a
prescribed list of steps an employer must take. Employers may prevent sexual harassment
in different ways, but all employers must take action and no employer is exempt from the
sexual harassment preventative duty.
To assist employers with this important new duty, the UK’s official equality watchdog – the
Equality and Human Rights Commission (EHRC) – has released its definitive statutory
Employer 8-step guide to preventing sexual harassment at work.
Fully aligned with the EHRC’s official regulatory expectations, here are the 8 essential ways
to prepare your business.
1. Conduct a Dedicated Risk Assessment
Do not bundle this into a generic health and safety review. Run a targeted risk assessment
specifically focused on sexual harassment. Map out high-risk scenarios, such as lone
working, late-night shifts, work travel, and staff social events.
2. Protect Against Third-Party Harassment
The duty explicitly covers harassment from outsiders. You must implement measures to
protect your team from customers, clients, contractors, and patients. This includes putting up
visible signages in public-facing areas and adding zero-tolerance clauses to client contracts.
3. Establish Clear, Modern Reporting Channels
Anonymity and accessibility are key. Provide multiple distinct routes for staff to report
behaviour—such as an independent HR portal, an external whistleblowing hotline, or
designated internal champions. Ensure employees know they can report historical or current
issues safely.
4. Deliver Role-Specific Training
Generic, one-size-fits-all slide decks are no longer sufficient to prove you took “all
reasonable steps”. Implement interactive, regular training. Differentiate your sessions:
provide bystander intervention training for general staff, and advanced incident-handling
training for managers and HR.
5. Create a Culture of Visual Awareness
Compliance must be visible across the business. Actively promote your zero-tolerance
stance through internal communication channels, company newsletters, intranet banners,
and physical posters in communal office spaces.
6. Overhaul and Modernise Your Policies
Review and update your anti-harassment and bullying policies. Ensure they clearly define
sexual harassment, explicitly include online or remote harassment (such as inappropriate
messaging on Slack or Teams), and outline a transparent, time-bound investigation process.
7. Appoint Workplace Champions
Designate and train specific employees outside of the executive team to act as “trusted
faces” or workplace champions. This gives staff a peer-level contact to speak with if they feel
uncomfortable approaching formal HR channels or their direct line managers.
8. Document Everything Continuously
If your business ever faces a tribunal, documentation is your primary defence. Maintain a
central, secure log of all risk assessments, attendance records for training sessions, policy
review dates, and the specific actions taken in response to any complaints.
Conclusion
If we can support you by reviewing your HR policies, providing manager training or in any
other way to help your compliance with these new obligations, do get in touch.
If you haven’t tuned in yet, do also take a moment to watch our podcast, JMA in 10, where
we discuss this new duty on employers: https://jma-hrlegal.co.uk/jma-in-ten/
Please get in touch if you have any questions regarding the issues discussed in this article.
E: help@jma-hrlegal.co.uk / T: +44 (0)1252 821792
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