Employers Have a Legal Duty to Prevent Sexual Harassment
Since October 2024, employers have had a legal duty to take reasonable steps to prevent sexual harassment in the workplace.
For many SMEs, the challenge is not understanding that the law has changed. The challenge is understanding what employers are actually expected to do in practice.
Many businesses are now asking:
- What counts as reasonable steps?
- Do we need a sexual harassment risk assessment?
- Is having a policy enough?
- Do small businesses need training?
- What happens if we do not take proactive action?
At Craven, we are seeing increasing numbers of organisations looking for practical guidance on workplace harassment prevention, workplace culture, manager responsibilities and wider HR compliance.
This is no longer simply a reactive HR issue. Employers are now expected to demonstrate that they are actively considering workplace risks and taking preventative action.
What Changed in the Law?
The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced a proactive duty on employers to take reasonable steps to prevent sexual harassment at work.
Previously, many employers focused mainly on responding to complaints after incidents occurred. The updated legislation shifts the focus towards prevention.
This means organisations should now be able to demonstrate that they have considered:
- Workplace risks
- Reporting procedures
- Management responsibilities
- Workplace culture
- Preventative actions
- Staff awareness and training
Employment Tribunals can also apply up to a 25% uplift in compensation where employers fail to meet this duty.
For SMEs, this is particularly important because many businesses still rely on outdated policies or informal management approaches that may no longer be enough.
Sexual Harassment Is Not Just an HR Issue — It Is Also a Workplace Health & Safety Risk
Many employers still view sexual harassment primarily as an HR or employee relations matter. However, there is growing recognition that workplace harassment also represents a significant health, safety and wellbeing risk.
Employers already have legal duties under health and safety legislation to provide a safe working environment and to protect employees from risks to their physical and psychological wellbeing.
Workplace harassment can contribute to:
- Stress and anxiety
- Psychological harm
- Absence and presenteeism
- Reduced morale and engagement
- Workplace conflict
- Increased staff turnover
- Wider wellbeing concerns
This means organisations should increasingly consider workplace harassment prevention as part of wider workplace risk management, wellbeing and organisational culture strategies.
For many employers, there is now a growing overlap between:
- HR compliance
- Health & Safety responsibilities
- Workplace wellbeing
- Leadership culture
- Stress risk management
- Psychological safety
A proactive approach should therefore involve both HR and Health & Safety considerations rather than treating sexual harassment purely as a disciplinary or grievance issue.
What Does ‘Reasonable Steps’ Mean?
This is currently one of the biggest areas of uncertainty for employers.
There is no single checklist that applies to every organisation. What is considered reasonable will depend on:
- The size of the business
- The working environment
- The workforce structure
- Existing workplace risks
- The nature of the organisation
- Previous concerns or incidents
However, employers are now expected to move beyond simply having a policy saved in a folder.
A proactive approach should include practical consideration of workplace behaviours, reporting confidence, management capability and preventative workplace measures.
Is Having a Policy Enough?
In short, no.
Many organisations already have dignity at work or anti harassment policies in place, but policies alone are unlikely to demonstrate a proactive approach.
Employers should also consider:
- Whether managers understand their responsibilities
- Whether employees know how to raise concerns
- Whether reporting routes are clear and trusted
- Whether workplace expectations are communicated properly
- Whether there are any environmental or cultural concerns
- Whether workplace risks have been assessed
A policy should form part of a wider workplace prevention strategy rather than being the only control measure.
Why SMEs Still Need to Take This Seriously
One of the biggest misconceptions is that smaller businesses are exempt from these responsibilities.
That is not the case.
Although expectations may differ between a business with five employees and a business with five hundred employees, all employers still have duties to take reasonable preventative steps.
Smaller businesses can sometimes face additional challenges because:
- Managers often wear multiple hats
- HR support may be limited
- Reporting routes can be less formal
- Workplace relationships can become more personal
- Policies and training are sometimes outdated
Smaller teams can also be significantly impacted by workplace culture issues, conflict or inappropriate behaviour.
Common Mistakes Businesses Are Still Making
At Craven, we are still seeing many organisations relying on outdated approaches.
Common issues include:
- Policies that have not been reviewed for years
- No formal workplace risk assessment
- Unclear reporting procedures
- Limited manager confidence
- Poor documentation
- Reactive rather than preventative management
- Assuming “it would never happen here”
In many cases, employers are not intentionally ignoring their responsibilities. They simply have not reviewed their processes since the legal changes came into effect.
Practical Steps SMEs Can Take Now
For many organisations, the best starting point is reviewing what is already in place and identifying any obvious gaps.
Review Existing Policies
Ensure policies are up to date, accessible and reflect current legislation and workplace expectations.
Consider Workplace Risks
Review whether there are any workplace risks linked to:
- Lone working
- Customer facing roles
- Power imbalances
- Remote working
- Workplace social events
- Isolated work environments
Support Managers
Managers should understand:
- How to respond appropriately to concerns
- How to escalate issues
- How to manage conversations professionally
- How to support a respectful workplace culture
Improve Reporting Confidence
Employees should know:
- Who they can speak to
- How concerns will be handled
- That issues will be taken seriously
Keep Records
Businesses should be able to evidence preventative actions, training, workplace reviews and policy communication.
Review Workplace Culture
Prevention is not just about policies. It is also about behaviours, leadership and workplace expectations.
Sexual Harassment and Whistleblowing Protections
Another important development employers should be aware of is the increasing overlap between workplace harassment concerns and whistleblowing protections.
From 6 April 2026, disclosures relating to sexual harassment will be explicitly recognised as capable of qualifying for protection under whistleblowing law.
This means workers who raise concerns about sexual harassment may receive protection against detrimental treatment and, for employees, protection from unfair dismissal.
Previously, individuals often had to rely on broader categories such as breach of legal obligation or health and safety concerns to seek protection. The updated legislation removes much of this ambiguity and reinforces the importance of handling workplace concerns appropriately.
For employers, this means whistleblowing policies should clearly reference sexual harassment and reporting procedures should be trusted, accessible and clearly communicated.
Managers should also understand how to recognise protected disclosures and respond appropriately. Poor handling of concerns or negative treatment following disclosures could create significant additional legal risk for organisations.
This change further reinforces the importance of creating workplace cultures where employees feel safe to raise concerns early, rather than only reporting issues once situations have escalated.
Workplace Prevention Is Becoming Increasingly Important
The direction of employment law and workplace compliance is becoming increasingly proactive rather than reactive.
Regulators and tribunals are placing growing emphasis on:
- Prevention
- Workplace culture
- Wellbeing
- Leadership accountability
- Evidence of action
- Reporting confidence
- Manager capability
For SMEs, this does not necessarily mean implementing complex corporate systems. However, it does mean reviewing whether current arrangements are genuinely fit for purpose.
How Craven Can Help
At Craven, we support organisations with practical, commercially focused HR and workplace compliance guidance designed specifically for SMEs.
This can include:
- HR and Health and Safety Retainers
- Workplace policy reviews
- Sexual harassment risk assessment support
- Management guidance
- Workplace investigation support
- Learning Hub training solutions
- Manager development training
- Workplace wellbeing support
Our focus is on helping businesses create safer, more respectful and more compliant workplaces in a practical and proportionate way.
If your organisation would like support reviewing workplace harassment prevention measures or wider HR compliance processes, our team would be happy to help.
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