Preventing Sexual Harassment at Work: Employer Duties, Legal Risks & HR Support | Consensus HR
Tackling Sexual Harassment at Work: Why Proactive Action Protects Your Business | Consensus HR
Sexual harassment is unlawful — and from 26 October 2024, every UK employer also has a proactive legal duty to prevent sexual harassment under the Equality Act 2010, in addition to existing responsibilities under the Health & Safety at Work Act 1974.
This means employers must take reasonable steps to stop harassment before it happens, not just react afterwards. Failure to do so places businesses at risk of tribunal claims, compensation uplifts of up to 25%, and possible enforcement action by the Equality & Human Rights Commission (EHRC).
At Consensus HR, we work with SMEs to ensure their business, their people, and their reputation are always protected.
Learn more at: https://www.consensushr.com
The Business Advantages of Taking Action
Employers who address sexual harassment proactively benefit from:
Greater employee morale and confidence
Increased engagement and trust
Better employee relations
Higher productivity and fewer absences
Reduced risk of tribunal claims
Reduced risk of EHRC enforcement action
A stronger, safer workplace culture
Preventing harassment is not only a legal requirement — it is a strategic advantage for every business.
What Counts as Sexual Harassment?
Under the Equality Act 2010, sexual harassment is unwanted conduct of a sexual nature that violates dignity or creates an intimidating, hostile or offensive workplace.
Examples include:
Sexual jokes, comments, or messages
Displaying explicit images or content
Suggestive looks or gestures
Unwelcome touching or advances
Sexual rumours
“Banter” that crosses the line
Importantly, intent does not matter — the impact on the individual does.
Your New Proactive Duty as an Employer
From 26 October 2024, employers must show they have taken reasonable, proactive steps to prevent sexual harassment carried out by:
Employees
Agency workers
Job applicants
Contractors
Third parties (customers, clients, service users)
Reasonable steps may include:
Clear, up-to-date Sexual Harassment and Third-Party Harassment Policies
Practical and confidential reporting systems
Regular staff and management training
Risk assessments considering workplace and third-party interactions
Visible communication of a zero-tolerance approach
Swift, fair handling of concerns and complaints
Consensus HR can create, update and implement all of these for your business.
How Consensus HR Supports Employers
As your outsourced HR & Employment Law partner, we help SMEs by:
Ensuring full compliance with the preventative duty
Conducting sexual harassment risk assessments
Updating or writing required HR policies
Delivering staff and management training
Supporting investigations, reporting processes and safe outcomes
Helping establish a respectful, legally sound workplace culture
Our retained clients receive ongoing, unlimited advice and legally compliant documents as part of their monthly support.
Learn more: https://www.consensushr.com
Comment from Matthew Chilcott – FCIPD, ACEL, BA (Hons)
“The new preventative duty places a clear responsibility on employers to take meaningful, proactive action. Sexual harassment destroys trust, damages wellbeing and puts businesses at significant legal and reputational risk. When we work with clients, we ensure they have the right policies, procedures, training and culture in place — not just to comply with the law, but to protect their people and strengthen their organisation.”
Take Action Now
With stronger legal obligations now in force, it is essential that every employer ensures they have the right systems and protections in place.
If your business needs support updating policies, assessing risks or training staff, Consensus HR is here to help.
👉 Find out more: https://www.consensushr.com
👉 Contact us today for practical, proactive HR support that protects your team and your business.
Your Outsourced Human Resources (HR) Department.
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