Sexual harassment law in the UK is shifting from reactive to proactive compliance. The Worker Protection Act is already in force, requiring all employers to take reasonable steps to prevent sexual harassment at all times. The Employment Rights Act goes further, raising that standard to all reasonable steps and introducing regulatory enforcement, including liability for harassment by customers and the public.
Together, these changes mean employers must be able to show:
- Risks have been identified and addressed
- Reporting channels are trusted and effective
- Staff and managers understand the policy and expectations
- Controls are regularly reviewed and improved
This FAQ explains what has changed, what is coming next, and the practical requirements organisations must meet to comply with their obligations to prevent sexual harassment.
What has changed in UK sexual harassment law?
The Worker Protection Act requires employers to take proactive reasonable steps to prevent sexual harassment at all times, not only after a complaint is made. The Employment Rights Act goes further and requires all reasonable steps to be taken, raising the bar for compliance.
When do the new obligations apply?
The Worker Protection Act is already in force. The Employment Rights Act has passed, and its sexual harassment provisions will come into force over the next year on a phased basis. Employers should begin preparing now.
What does “all reasonable steps” mean?
Employers must identify every step that would reasonably reduce the risk of sexual harassment and then ensure all of those steps are actually implemented. It is no longer enough to have only some measures in place.
How do the Equality Act 2010 and Worker Protection Act sit together?
the Equality Act 2010 already makes sexual harassment unlawful and holds employers vicariously liable for harassment against staff unless they can show they took all reasonable steps to prevent it. That test is reactive and only becomes relevant after a specific incident of harassment occurs. The Worker Protection Act 2023 amended the Equality Act by creating a new proactive duty on employers to take reasonable steps to prevent sexual harassment happening in the first place. It applies specifically to sexual harassment and is backed by enforcement powers and potential uplift to tribunal compensation where employers fall short.
So the Equality Act is reactive, the Worker Protection Act is proactive. In either case, having reasonable steps is a defence in an employment tribunal.
Does the size of an organisation matter?
Yes. Larger organisations are expected to take more comprehensive steps. However, all employers must take proportionate action based on their risks, resources and working environment.
Why do we need a specific sexual harassment policy?
A separate policy ensures sexual harassment is treated clearly and directly. It allows for practical guidance specific to sexual harassment and demonstrates a proactive approach required by law.
How do we assess the risk of sexual harassment?
Start by mapping the nature of your work and workplace environments. Identify isolated areas, power imbalances, interaction with the public, and cultural factors that may increase risk. Anonymous staff surveys are useful for uncovering hidden concerns.
Do we need to consider third-party harassment?
Yes. The Employment Rights Act introduces direct liability if an employer fails to take all reasonable steps to protect workers from harassment by customers, service users or the public. Early consideration of reporting channels and staff protection measures is essential.
What are some reasonable steps we should take?
Examples include:
- A dedicated and well-communicated sexual harassment policy
- Regular, meaningful sexual harassment training for all staff
- Accessible reporting routes (including anonymous options where appropriate)
- Clear procedures for handling complaints
- Regular reassessment of risks and controls
Should training be in person?
There is no requirement for in-person training. Online training is often more appropriate due to the sensitive nature of the topic and reduces the risk of discomfort in group settings.
Should reports always be formal and in writing?
No. Both informal and verbal reports should be taken seriously. Managers must document any verbal report accurately. Written reports provide clearer evidence, but flexibility ensures people feel safe to come forward.
Is anonymity the same as confidentiality?
No. Anonymous: identity not known to anyone. Confidential: identity known but only shared if necessary. Both should be available where possible.
Does a different person need to investigate the complaint and run the meeting?
Ideally yes. Separating roles supports integrity of the formal process and helps ensure fairness. Smaller organisations should still prioritise impartiality even if the same person must perform both functions.
How do we handle low-level or one-off incidents?
Informal resolution can be appropriate for minor incidents if the complainant agrees and the behaviour is addressed. Documentation is still important to identify patterns over time.
What about organisations with overseas parent companies?
If UK staff are employed by a UK legal entity, UK sexual harassment duties apply in full. Policies and training must comply with UK law regardless of the parent company’s jurisdiction.
What new enforcement powers will apply under the Employment Rights Act?
The Employment Rights Act introduces the Fair Work Agency, a regulator with the power to investigate sexual harassment compliance proactively and issue penalties where employers fail to take all reasonable steps. This increases the likelihood of enforcement action even without a tribunal claim.
How should we demonstrate that our steps are effective?
Employers should be able to show:
- Staff know the policy exists and understand it
- Training is completed regularly and applies to real risks
- Reporting procedures are trusted and used
- Concerns are investigated properly and documented
- Periodic reviews take place and lead to improvements
What role does whistleblowing play?
The ERA treats sexual harassment complaints as protected disclosures. This means staff are protected from retaliation when reporting concerns and any confidentiality clauses that prevent disclosure will be unenforceable.
Should we include bystanders in our reporting approach?
Yes. Encouraging bystanders to report concerns helps identify issues early and supports a culture where inappropriate behaviour is challenged.
Why introduce bystander intervention training?
It equips employees with the skills to safely intervene when they witness harmful behaviour and helps shift culture by reinforcing what is and isn’t acceptable. It also ensures sexual harassment is not viewed as solely an HR responsibility.
How do we encourage people to speak up if they feel uncomfortable reporting?
Clarity and reassurance are essential. Make sure:
- There are multiple reporting routes (manager, HR, named contacts, online tools)
- Staff can speak up verbally if they prefer
- Support is available throughout the process
- Disclosures are treated sensitively and confidentially
- Retaliation is prohibited and monitored
Can one incident be enough for sexual harassment?
Yes. There is no requirement for repeated behaviour. A single incident can meet the legal definition if it creates a humiliating, hostile, degrading, or intimidating environment.
What should we do about behaviour dismissed as “banter”?
Where behaviour causes discomfort or offence, the intent is irrelevant. Harassment often begins with subtle conduct. Employers must ensure that concerns over “banter” do not prevent action being taken.
What are the consequences of non-compliance?
Depending on the case, consequences may include:
- Compensation uplifts at tribunals
- Claims under the Equality Act for failing to prevent harassment
- Regulatory action and oversight agreements with the EHRC
- Enforcement action and penalties under the ERA
- Damage to reputation, culture, recruitment, and retention
Recent cases show that lack of training, lack of risk assessment, and managers unaware of policies are key failings leading to liability.
How often should we review our measures?
Reviews should take place regularly, and especially:
- After changes in working arrangements
- When surveys or reports identify problems
- When legislation changes
- When incidents occur
Documenting these reviews is important evidence.
What evidence should we keep?
- Copies of policies and communication records
- Training completions and refresher schedules
- Risk assessments and outcomes
- Anonymous survey findings
- Notes from informal and formal reports
- Documentation of actions taken following concerns
If it’s not evidenced, regulators will treat it as not done.
Do the rules apply to remote and hybrid settings?
Yes. Sexual harassment can occur online, in chats, messaging apps, video calls, emails, or social media. Policies and training must cover digital behaviour.
Are small businesses treated differently?
The legal duty applies to all employers. Proportionality may reduce the number of steps required, but there must be steps. Delays or inaction present a heightened risk.
