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1 year on from the Duty to Prevent Sexual Harassment: are employers doing enough to comply?
November 24, 2025
Since 26 October 2024, employers have been duty-bound to take ‘reasonable steps’ to prevent sexual harassment in the workplace. This year has seen a significant rise in workplace sexual harassment cases, and a growing uncertainty among employers on how to meet the new legal standard.
Our expert, Damian, details the key lessons from the past year, the areas of highest risk, and how employers can strengthen their approach ahead of the upcoming legislative changes.
Employers must take reasonable steps to prevent sexual harassment of employees during the course of their employment. This proactive obligation marks a shift from reactive responses; employers must now actively consider the likelihood of sexual harassment occurring, and take steps to mitigate the risk before it even emerges.
The Employment Rights Bill proposes to strengthen the duty with three key changes:
Policies and Risk Assessments – Implement comprehensive anti-harassment policies and risk assessments, which address the specific risks of the workplace, and are reflective of the current legal duties.
Communication – Communicate with employees about your respective obligations, and reinforce that sexual harassment will not be tolerated.
Reporting Channels – Investigate complaints promptly and thoroughly, and take disciplinary action where appropriate.
Consistent and Targeted Training – Provide up-to-date formal training on sexual harassment for all employees on a regular basis, tailored to your policies, working environment, and specific risk factors. Managers should also receive separate training on handling complaints and assessing risks.
Review – Conduct a full review of any sexual harassment incidents over the past year, and ensure that any gaps in your measures are identified and acted upon.
Record Keeping – Maintain clear records that evidence your commitment to monitoring and reviewing your policies and procedures.
Employers that have put in place reasonable steps to prevent sexual harassment in their workplaces (in response to the October 2024 duty) should be well equipped to deal with the increased duty being brought in by the ERB. It is however important to be mindful of these incoming changes, and consider futureproofing now to protect both your workforce and organisation.
If you would like support reviewing your policies, or advice when it comes to understanding what the new duties mean for your organisation, get in touch with one of our employment law experts using our contact form, or reach us directly at dphillips@darwingray.com or 02920 829 100 for tailored advice.
To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.
