New enhanced sexual harassment prevention obligation: what employers need to do before the law changes

New research has found that many employers are unprepared for the strengthened duty to prevent sexual harassment, which comes into force on 30 October 2026 under the Employment Rights Act 2025. This enhanced preventative duty will require employers to take “all reasonable steps” to prevent sexual harassment occurring in the workplace, instead of the current duty of taking “reasonable steps”.

Some key findings included:

• 21% of organisations provide no dedicated sexual harassment training for managers.
• Only 30% provide dedicated manager training.
• 34% have never carried out a sexual harassment risk assessment.
• 14% provide no sexual harassment training at all.
• Only 8% have made significant changes ahead of the new “all reasonable steps” duty.

In October 2024, the duty to take reasonable steps to prevent sexual harassment in the workplace came into force and many employers are still not undertaking their preventative duty. This is due to a myriad of reasons, most notably being that employers are already grappling with fundamental business issues including job losses, poor trading conditions, a weak economy, and the most substantial changes in employment law we have seen in a lifetime. The preventative duty is still relatively new, and many employers have not got to grips with it yet as their focus is elsewhere.

How can employers take “all reasonable steps” to prevent sexual harassment?

There is no checklist as to what employers must do to take “all reasonable steps”. It will be determined on a case-by-case situation. In practice, though, it may substantially expand the employer’s obligation to proactively prevent sexual harassment arising. This will include preventative action relating to the conduct of third parties. It will require the employer to carefully analyse situations and adopt a strategic risk-based approach. By requiring “all reasonable steps” to be taken, effectively an employer must do everything that might be reasonably be available to it to prevent sexual harassment. This is unlimited.

First and foremost, HR and managers should be undertaking risk assessments to assess where the risks of sexual harassment and/or assault may arise. Then they can develop policies, practices, and procedures to help mitigate those specific risks and to ensure managers are also personally liable in the event they fail to address any issues that arise. All staff should then be trained on their own obligations, from top to bottom in the organisation.

If managers fail to properly assess and address the risk of sexual harassment, there is a risk that sexual harassment and/or sexual assault may occur. A person who is the victim of sexual harassment or sexual assault may be forever harmed. Prevention is better than cure. It is also now a legal requirement.

Where sexual harassment and/or sexual assault occurs, the employer may also face an Employment Tribunal claim and/or a personal injury claim, with potentially uncapped financial compensation being awarded to the victim. The reputational damage may also be considerable. If an employer gains a poor reputation, this may also make recruitment and retention difficult.

Takeaways

Ahead of the extended preventative duty coming into force later this year, employers should undertake updated risk assessments to assess where the risks of sexual harassment and/or assault may arise. They should develop policies, practices, and procedures to help mitigate those specific risks, and train staff on their own obligations, and the consequences of failure to comply. These process should then be repeated every 6–12 months. Where specific risks arise, employers need to carefully plan how to mitigate those risks.

If you have questions or concerns about sexual harassment in the workplace, please contact Employment partner Michelle Last.