Why Your Preventing Sexual Harassment Policy Must Evolve Under New UK Duties

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by Rebecca Lister | 24th Nov 2025

Are UK Employers Failing to Meet New Sexual Harassment Duties?

Article Summary

UK employers now face a strengthened legal duty to prevent sexual harassment, following major changes introduced in October 2024 and further duties expected from 2026.

Policies alone are no longer enough. You must show proactive, preventative steps to stop unwanted behaviour, including sexual comments, sexual advances, and any other unwanted conduct that creates risk or discomfort.

With more colleague complaints, rising enquiries to Acas, and higher penalties for non-compliance, every business must urgently reassess its preventing sexual harassment policy, training, reporting systems, and workplace culture to meet the new expectations and protect employees.

Book a compliance consultation with Eclipse HR to review your contracts, policies, and processes to check you are complying with the new sexual harassment duties.

Why Your Preventing Sexual Harassment Policy Must Evolve Now

From 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023, came into force, strengthening protections against sexual harassment and imposing new duties on employers.

Amongst the changes, the new law on harrassment brought in a requirement for employers to be proactive and systematic in how they prevent and deal with sexual harassment at work. Employers must be reasonably taking steps to prevent sexual harassment and can face a 25% uplift in compensation should it be found they failed to do so.

Looking beyond this with the new Employment Rights Bill, the bar is set to raise further, to require employers to take “all reasonable steps” to prevent sexual harassment occurring, including preventing harassment by third parties.

It is clear that preventing sexual harassment is of key focus and following many recent high profile cases in the media, employers must show they are doing all they can to prevent it.

Even so, People Management Magazine have reported that more than half of UK businesses fear they have not done enough to meet their legal obligations. This alarming statistic comes alongside reports of rises in sexual harassment enquiries being submitted to Acas. It is clear that more work needs to be done and employers must keep preventing sexual harassment at the forefront of their minds.

What Were the Changes?

The new sexual harassment legislation included a mandatory requirement for employers to take reasonable steps to prevent sexual harassment. Under previous laws, in response to a claim, employers were only under an obligation to show that “reasonable steps” had been in place to prevent sexual harassment in the workplace. This new duty requires employers to be proactive and systematic in how they prevent and deal with sexual harassment at work.

Future Changes

With the eagerly awaited Employment Rights Bill set to bring wide sweeping changes to the employment law landscape, employer’s obligations in regard to preventing sexual harassment is to be further strengthened.

The duty to take ‘all reasonable steps’ is currently planned to come into force in October 2026. The difference from “reasonable steps” to “all reasonable steps” has the potential to be significant for employers who will need to demonstrate that there were genuinely no further steps they could reasonably have taken to prevent the sexual harassment from happening.

The Bill will also introduce employer liability for third party harassment. This liability would be for harassment relating to all of the protected characteristics – not only sexual harassment.

Introducing sexual harassment as a new category of protected disclosure for the purposes of whistleblowing laws. This change is expected to take effect sooner, in April 2026.

Confidentiality clauses in relation to harassment and discrimination are also set to be banned. This amendment was added late in the Employment Rights Bill. Government consultation is still underway, so this remains a key development for employers to monitor.

What’s Happening in Practice?

More than a year on from the introduction of the Worker Protection (Amendment of Equality Act 2010) Act 2023, it’s clear that many businesses are still grappling with the practical implications of their new legal duties. While the legislation marked a significant shift towards proactive prevention of sexual harassment, implementation across UK workplaces has been uneven.

In practice, many employers remain uncertain about what constitutes “reasonable steps” and how to evidence them. This lack of clarity has led to inconsistent approaches, with some organisations updating policies but failing to embed cultural change or provide adequate training.

The consequences of non-compliance are serious. Employers found to have failed in their duty to prevent sexual harassment may face tribunal claims with a potential uplift of up to 25% in compensation awards.

This financial risk, coupled with reputational damage, makes it imperative for businesses to move beyond surface-level compliance and adopt a more strategic, preventative approach.

Despite the legal changes being in force for a full year, a recent survey by People Management and Culture Shift revealed a concerning statistic: 45% of UK businesses are unaware of the new sexual harassment legislation. This lack of awareness presents a significant barrier to progress and compliance.

Several factors contribute to this crisis:

• Poor internal communication: Many organisations have not effectively shared information about the legal changes to HR teams, managers, supervisors or employees.
• Ingrained workplace behaviours: Cultural norms and outdated attitudes toward harassment continue to hinder meaningful change.
• Lack of robust reporting systems: Without clear, confidential channels for reporting harassment, employees may feel unsafe or unsupported in coming forward.

The risks of ignoring these issues are substantial. Beyond legal penalties, businesses face reputational harm, reduced employee morale, and potential loss of talent. In today’s climate, where workplace culture is under increasing scrutiny, failing to act on sexual harassment prevention is a mistake businesses cannot afford to make.

What Employers Should Be Doing Now

It is never too late to review your practices as part of your preventative duty, to ensure legal compliance going forward and ahead of any further changes to be introduced in the not too distant future. Employers must take the time now to ensure they have proactive and systematic policies in place, to prevent and tackle sexual harassment in the workplace.

Employers should look to educate staff and managers as to what sexual harassment is and how to spot it. With greater awareness, employers can ensure that sexual harassment is being spotted and dealt with effectively and efficiently. Having greater awareness and being clear on what is and is not acceptable helps to install an organisational and cultural shift – embedding values of respect and inclusion.

Policies and procedures should also be reviewed or introduced, to ensure that sexual harassment and everyone’s responsibilities in regard to preventing it is defined and set out clearly. Having clear policies in place ensures a commitment to staff.

Risk assessments have become a vital tool for employers to help identify areas of concern and highlight where more needs to be done. Undertaking an extensive risk assessment exercise and involving your staff can be a great way to ensure you can tailor your responses to your specific business requirements. Tailored risk assessments move any measures and procedures away from being just another tick-box exercise to showing you are being proactive in your approach.

For any employers who are looking to gain a greater understanding of the steps they should be taking, the Equality and Human Rights (EHRC) has released an eight-step guidance.

How Eclipse HR Can Help

Here at Eclipse HR, we are best positioned to help you navigate these changes. Whether by updating or drafting handbooks and policies, implementing new training modules, or conducting compliance audits tailored to your industry, we are dedicated to ensuring you are meeting your legal obligation.

Our expert HR consultants have years of experience in dealing with such matters across a variety of sectors and keep up to date on any forthcoming employment law changes.

Together, we can build a safer and more inclusive workplace environment that not only meets but exceeds legislative requirements, positioning your organisation as a leader in workplace safety, dignity and respect.

For more information on how we could help you with your sexual harassment policy, please feel free to explore our website to learn more about the HR services we provide in Kent and the South East; or get in touch to speak to a member of our team for advice and support today.

Author: Rebecca Lister
Rebecca supports the Eclipse HR team and our clients across a range of tasks. Rebecca has recently completed her Master’s degree in Advanced Legal Practice (MLaw) at the University of Kent and is now studying for her Solicitors Qualification Exams. Her academic focus, particularly in employment law, complements her practical experience and deepens her understanding of HR in action.