⚖️ New Proactive Duty: Employers Must Prevent Sexual Harassment ⚖️
- Lansbury HR
- Oct 17
- 2 min read
What is it all about?
The UK legal landscape for workplace conduct fundamentally shifted on October 26, 2024. Employers are now under a proactive legal duty to prevent sexual harassment of their workers at work and in connection to their work. This is an anticipatory duty, meaning you must assess the risks posed not just by your own staff, but also by third parties such as customers, clients, or suppliers. The duty extends to all work-related scenarios, including after-work social events, conferences, and day-to-day interactions, demanding a far broader focus than simply reacting to complaints.
What this means for you?
Is that merely having a policy is no longer enough; you must demonstrate you have taken "reasonable steps" to prevent harassment from occurring. This duty raises the legal and financial stakes immensely, as failure to comply exposes you to potential claims under the Equality Act 2010. Furthermore, the updated EHRC Technical Guidance provides a clear roadmap—and therefore a legal benchmark—against which your efforts will be judged. Your immediate failure to act lies in not conducting a thorough risk assessment across all areas of your business and implementing a multi-layered prevention strategy beyond basic training.
Our Advice: Compliance requires immediate, systematic action.
Action 1: Assess and Plan. Conduct a sexual harassment risk assessment across all work settings (including third-party and social interactions) and create an action plan with assigned responsibilities.
Action 2: Enhance Policies and Reporting. Develop a dedicated Sexual Harassment Policy and ensure you have a simple, effective, and well-publicised reporting system.
Action 3: Implement Proactive Measures. Deliver regular, bespoke training to all staff, managers, and senior leaders. For third-party risks, implement measures like zero-tolerance signage or including policy commitments in supplier documentation to show you are meeting your proactive duty.
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