Sexual Harassment

Feb 11, 2024

New mandatory duty on employers to prevent sexual harassment in the workplace – get prepared.


In response to a consultation in 2021, the Government pledged to introduce measures aimed at preventing instances of sexual harassment in the workplace. This included the introduction of a mandatory duty on employers to prevent sexual harassment in the workplace.


Accordingly, new legislation was passed at the end of 2023 to introduce these changes, which will take effect in October this year.


This enforces a positive duty on employers to take reasonable steps to prevent sexual harassment. In addition, Employment Tribunals will be given the power to uplift compensation for sexual harassment by up to 25% if the employer is found to have failed in its duty to prevent the conduct. A defence would be available to employers who had taken “all reasonable steps” to prevent such acts taking place.


Employers should begin a review of their existing policies to ensure they are up to date. A claim that this duty was not taken seriously is likely to leave the employer having to prove the continuing work they are doing in this area and that robust policies are in place.


What to do now:


  • Review your policies.


  • Draft and update your handbook.



  • Training staff on the expectation of a zero-tolerance culture and high standards of conduct.


  • Staff survey to determine if staff feel confident to report incidents, and if not why not.


  • Designated members of staff to deal with conduct issues.


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