Prevention of Sexual Harassment: One Year Anniversary

Today marks one year since the introduction of the new duty to prevent sexual harassment – a duty which binds all employers, regardless of size or financial health.

Over the past year, I have spent time delivering training, drafting policies, and advising our clients on how to meet this new preventative duty. It has been so encouraging to see the level of engagement from employers who genuinely want to foster safer, more respectful workplaces.

In summary, where sexual harassment has taken place, employees now have the option to bring an additional claim against their employer if they have failed to take reasonable steps to prevent the harassment from occurring. Successful claims can result in compensation being uplifted by up to 25% – a significant increase, especial when awards are already substantial.

To successfully defend such claims, employers must be able to demonstrate that they took reasonable steps to prevent sexual harassment. These reasonable steps can include:

• Implementing and regularly reviewing policies on sexual harassment and dignity at work, ensuring they are clear, accessible, and actively communicated to staff.
• Delivering training to all staff (with more detailed sessions for senior leadership – buy-in at the top is crucial, and our SLT training sessions have been a huge success).
• Providing refresher training at regular intervals, to ensure learning is embedded and remains current.
• Conducting risk assessments to identify where harassment risks may arise (for example, lone working, client entertainment, or social events) – and, of course, implementing any required actions.
• Carrying out regular staff surveys or anonymous feedback exercises to gauge workplace culture and identify any areas of concern.
• Actively promoting a culture of zero tolerance, making it clear that the organisation takes sexual harassment seriously and that complaints will be handled sensitively and fairly.
• Having clear, accessible reporting mechanisms that make it easy and safe for employees to raise concerns.
• Appointing a harassment or dignity-at-work champion to act as a visible point of contact and support for staff.
• Ensuring prompt and impartial investigations into all allegations, with clear record keeping about outcomes and lessons learned.
• Taking disciplinary action where appropriate and ensuring consistent enforcement of standards.
• Integrating respect and inclusion into recruitment, induction, and performance processes, reinforcing expected behaviours from day one.
• Providing targeted training or support for line managers so they can identify and address issues early.
• Setting expectations for third parties (e.g. contractors, clients, and customers) through contracts, communications, and event briefings.
• Reviewing workplace culture and social environments, including work-related events, to ensure they align with organisational values.
• Developing a genuine understanding of cultural attitudes and actively encouraging open dialogue and reporting.

Over the past year, we have seen a clear shift towards a more proactive, preventative approach – one that upholds a culture of zero tolerance and accountability.

Looking ahead

The upcoming Employment Rights Bill (ERB) – relevant parts of which are expected to come into force in October 2026 – will extend an employer’s duty to include preventing third party harassment. This will cover contractors, client’s, customers and other external partners.

While many of our clients have already started to consider third party risks in their prevention strategies, it is important to note that the ERB will cast the net wider, making it an area increasing legal exposure.

To prepare, employers should include consider reasonable steps such as:

• Reviewing risk assessments, specifically focusing on situations where employees interact with third parties (for example, off-site visits, client meetings, or events).
• Updating commercial agreements and supplier contracts to include clauses that reflect your organisation’s stance on harassment and outline expectations for respectful conduct.
• Communicating your zero-tolerance policy to clients, customers, and contractors – for instance, by issuing a statement or letter setting out behavioural expectations.
• Including anti-harassment provisions in event planning, with clear messaging to all attendees ahead of conferences, networking events, and work-related socials.
• Ensuring reporting channels and investigation processes cover complaints involving third parties, not just colleagues.
• Monitoring relationships with third parties and taking appropriate action where concerns are raised or patterns of behaviour emerge.

The ERB will also bring a subtle but important shift change, taking the duty from “reasonable steps” to “all reasonable steps” – effectively increasing the standard expected of employers. Now is the time for organisations to assess whether their current approach would stand up to that higher standard.

Key Takeaway for Employers

One year on, the conversation around sexual harassment has advanced, but the journey toward truly inclusive, safe, and respectful workplaces continues. As legal professionals, employers, and employees, we all have a role to play in shaping the future.

If you haven’t yet taken action, it may feel as though this duty has quietly slipped under the radar, but awareness will only grow once the ERB takes effect and employees become more informed about their rights. Now is the time to act. Taking proactive steps now will not only ensure compliance but also demonstrate your genuine commitment to creating a workplace where everyone feels safe and respected.

By investing in prevention, you’re not only protecting your organisation — you’re shaping a workplace built on dignity, equality, and respect.

If you’d like to discuss practical ways to strengthen your approach, the Torque Law team would be delighted to support you.