Sexual Harassment in the Workplace: A Guide for Employers

Creating a safe and respectful working environment should be a priority for every employer. However, sexual harassment can still occur in many workplaces and must be addressed quickly and appropriately.

Having clear policies and reporting procedures in place can help organisations prevent harassment and deal with concerns effectively. It is also increasingly important for employers to review their approach, particularly following recent legal changes that place greater responsibility on employers to prevent sexual harassment at work.

What Is Sexual Harassment?

Sexual harassment is defined under the Equality Act 2010 as unwanted conduct of a sexual nature that violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.

Examples may include:

• unwanted sexual comments or jokes

• inappropriate touching

• displaying sexually explicit images or messages

• unwelcome advances or requests for sexual favours

Sexual harassment can occur between colleagues, between managers and employees, or from third parties such as customers or clients.

Employers’ Responsibilities

Employers have a legal responsibility to prevent harassment in the workplace.

In October 2024, additional obligations were introduced through the Worker Protection (Amendment of Equality Act 2010) Act 2023, which requires employers to take reasonable steps to prevent sexual harassment of employees.

This means organisations should take proactive steps such as:

• implementing clear anti-harassment policies

• providing training for employees and managers

• encouraging staff to report concerns

• addressing complaints promptly and fairly

Failing to take preventative measures could increase the risk of employment tribunal claims.

Sexual Harassment Law Changes - 2026

1. April 2026 – Whistleblowing protection for harassment disclosures

From 6 April 2026, reforms linked to the Employment Rights Act will extend whistleblowing protections so that disclosures about sexual harassment can qualify as protected disclosures under the whistleblowing framework. 

This means workers who report sexual harassment—whether affecting themselves or others—may receive the same protections as whistleblowers, including protection from:

• dismissal

• detriment or retaliation

• unfair treatment after raising concerns. 

For employers, this reinforces the importance of having clear reporting procedures and whistleblowing policies.

2. October 2026 – Stronger duty to prevent sexual harassment

A separate and more significant change happens later in October 2026.

The legal duty on employers will be strengthened from taking “reasonable steps” to prevent harassment to taking “all reasonable steps” to prevent it. 

This raises the standard employers must meet to defend harassment claims.

Employers may need to demonstrate actions such as:

• regular anti-harassment training

• risk assessments for workplace harassment

• clear reporting procedures

• prompt investigation of complaints. 

Failure to meet this higher standard could increase the risk of tribunal claims.

Handling Complaints

If a concern about sexual harassment is raised, employers should respond quickly and sensitively.

Typical steps include:

• listening to the employee and offering appropriate support

• conducting a fair and impartial investigation

• maintaining confidentiality where possible

• taking appropriate action if the complaint is upheld

Handling complaints professionally helps ensure fairness and protects both employees and the organisation.

Creating a Respectful Workplace

Preventing harassment requires more than simply having policies in place.

Employers can reduce the risk of issues by:

• promoting respectful workplace behaviour

• providing equality and harassment training

• encouraging open communication

• ensuring managers lead by example

A positive workplace culture can make a significant difference in preventing inappropriate behaviour.

Ensuring your organisation has effective anti-harassment policies and reporting procedures is essential for protecting your employees and your business.

If you would like support reviewing your policies or training managers on handling workplace concerns, our HR team can help.

Get in touch to discuss how we can support your business.