The duty on employers to take reasonable steps to prevent sexual harassment came into force on 26 October 2024 and so, just over a year on, we take a look at the impact this has made. This duty will soon become a duty to take all reasonable steps under the new Employment Rights Act 2025. Regulations are expected to come into force next year, to set out what is expected of employers in order to meet this duty.

This positive obligation on employers to prevent sexual harassment of employees in the course of their employment, rather than merely a duty to respond after such an occurrence, is not just a ‘tick-box’ exercise that can be taken once, but requires regular auditing and review to ensure compliance. Employers have responsibility to their workers to prevent sexual harassment, not only from other workers but from third parties, clients, customers and suppliers that their workers come into contact with during the course of their employment.

As a result of the legislation introduced last year, Employment Tribunals can increase the compensation to employees by up to 25% , where the employer has failed to comply with their duty. The  Equality and Human Rights Commission (EHRC) can also take direct enforcement action, by carrying out investigations, seeking injunctions and requiring employers to enter into legally binding agreements to take action to protect their staff (and have recently done so with high-profile employers, such as Lidl).

ACAS revealed, following receipt of a Freedom of Information Request, that the calls to their helpline, in relation to harassment had increased from 4,001 in the first half of 2024 to 5,583 in the first half of 2025, an increase of 39% following the legislation being introduced.

To ensure compliance, we recommend implementing robust policies, keeping those policies under regular review, and undertaking tailored risk assessments. Appropriate training should be provided at all levels of the organisation, with clear communication to ensure that all workers are aware of the relevant policies and understand how to raise concerns or make reports where required. Maintaining clear and accurate records of the steps taken is not only good practice but will also be important in demonstrating compliance should this be required.

For more advice, please contact our Employment Team.