Creating a safe and respectful workplace is not just good practice; it is a legal obligation. Sexual harassment can cause serious harm to individuals and expose a business to significant legal, financial and reputational risk.
Employers must be able to show that prevention is active, proportionate to their workplace risks and supported by senior leadership - not simply that a policy exists.
This guide is for employers, HR professionals and business leaders in England, Wales and Scotland who want to understand their responsibilities and create a culture of respect. Different legislation applies in Northern Ireland. You will learn what can amount to sexual harassment, the legal standards employers must meet, and the practical steps businesses can take to protect their teams.
If you are seeking advice on your organisation’s duties, our experienced solicitors provide Sexual Harassment Compliance Support to help you assess your current approach, policies, training, and procedures.
Contents:
- What is sexual harassment and who is protected?
- What duties apply now, and what changes in October 2026?
- What are the consequences of getting it wrong?
- What reasonable steps should employers prioritise?
- What should your board or leadership team expect to see?
- What are some examples of sexual harassment?
- What if we already have relevant policies and procedures?
- What should we do if we receive a sexual harassment complaint?
- What guidance should employers use?
- Sexual harassment compliance support
What is sexual harassment and who is protected?
Sexual harassment is one of the most sensitive employee relations issues a business owner, senior leader or HR professional may face. It can involve anyone from junior employees to senior management and may arise in the workplace, during remote working, at client premises or in connection with work-related social events.
The Equality Act 2010 provides specific protection against sexual harassment. Sexual harassment occurs where there is:
- unwanted conduct of a sexual nature
- which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
Where the allegation is based on the effect of the conduct, an employment tribunal must also consider the person’s perception, the other circumstances of the case and whether it was reasonable for the conduct to have that effect.
It is also unlawful to treat a person less favourably because they rejected or submitted to unwanted conduct of a sexual nature, or conduct related to sex or gender reassignment, where that conduct met the harassment test.
The employment provisions protect employees and a wider range of working relationships, including many workers, apprentices and agency workers. Job applicants are also protected from harassment during recruitment.
What duties apply now, and what changes in October 2026?
Since 26 October 2024, employers have had a positive duty to take reasonable steps to prevent sexual harassment of workers during the course of their employment.
The duty is anticipatory. Employers should identify foreseeable risks and take reasonable action before a complaint arises rather than relying solely on procedures for responding after an incident. Where sexual harassment has occurred, the duty also requires employers to consider what further measures are needed to prevent it happening again.
The current preventative duty includes sexual harassment by colleagues and third parties such as customers, clients, contractors and suppliers. However, a worker cannot currently bring a standalone employment tribunal claim solely because an employer failed to prevent third-party sexual harassment.
Further changes are due in October 2026. These will strengthen the duty by requiring employers to take all reasonable steps to prevent sexual harassment and introduce wider liability for harassment by third parties. The EHRC is updating its guidance to reflect changes taking effect during 2026. Employers should therefore review their arrangements now rather than waiting for the strengthened rules.
What constitutes reasonable action depends on the employer’s particular circumstances. Relevant considerations may include:
- the employer’s size and resources
- the nature of the working environment and the risks present
- the sector in which the employer operates
- the nature and frequency of workers’ contact with third parties
- whether a proposed measure is likely to be effective
- whether an alternative measure would be more effective
- the time, cost and potential disruption involved, weighed against the likely benefit
- whether previous concerns or incidents have been raised
- any relevant regulatory requirements
- whether measures already introduced have proved effective.
A step may still be reasonable even if it would not have prevented a particular incident. Employers should consider their overall approach and whether any further proportionate measures were available.
What are the consequences of getting it wrong?
An employer that fails to comply with the preventative duty may face serious consequences.
The Equality and Human Rights Commission has enforcement powers that may include investigating an employer, seeking relevant evidence and issuing an unlawful act notice, which will require the employer to prepare an action plan setting out how it will remedy any breach and how it will prevent further breaches.
Where an employee succeeds in an employment tribunal sexual harassment claim, the tribunal must consider whether the duty to take reasonable steps has been contravened. If the tribunal considers that the duty was contravened, it can increase compensation by up to 25% if it finds that the employer breached the preventative duty.
Employers must also consider the wider commercial consequences. A poorly handled incident may affect employee trust, recruitment and retention, management time, customer relationships and the organisation’s reputation. Employment tribunal claims are increasingly reported in local, and sometimes national, media and adverse publicity from discrimination or harassment claims can quickly damage a business’ reputation.
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What reasonable steps should employers prioritise?
The steps required will depend on the size, structure, sector and risk profile of the organisation. The EHRC has published an eight-step guide containing measures employers may consider when addressing the preventative duty.
The steps are not exhaustive, and a generic checklist will not necessarily demonstrate compliance. Employers should consider which measures are suitable for their workforce and whether those measures are working in practice.
1. Develop an effective anti-harassment policy
Whether an employer uses a standalone sexual harassment policy or includes the subject within a wider anti-harassment policy, the document should properly address the risks of sexual harassment and how concerns will be handled.
The policy should:
- state clearly that sexual harassment will not be tolerated
- explain what sexual harassment can include and who is protected
- recognise factors such as seniority, influence and other power imbalances
- explain how concerns can be raised
- address harassment involving customers, suppliers and other third parties
- explain the potential consequences of breaching the policy
- identify who is responsible for reviewing and maintaining it.
A policy should reflect the organisation’s actual working arrangements and risks. It should also be communicated effectively rather than simply stored on an intranet. It should also explain that whilst an individual cannot bring a claim for third party harassment, there can still be legal liability when it is raised in other types of claim.
2. Engage staff
Employers should create appropriate opportunities for workers to raise concerns and identify areas of risk. This may include one-to-one meetings, staff surveys, exit interviews, employee forums and accessible reporting routes.
At a minimum, workers should know:
- what behaviour is expected
- where to find the relevant policy
- how to report a concern
- who they can approach if the concern involves their manager
- what may happen after a concern is raised.
Senior leaders play an important role in setting expectations. Clear communications from the leadership team, reinforced by line managers, can help demonstrate that respectful behaviour is an operational priority rather than solely an HR initiative.
Some organisations use trained workplace contacts or champions as an additional source of confidential support. They should not replace formal HR or management action and must understand when a concern needs to be escalated.
3. Carry out risk assessments
Employers should assess where and how sexual harassment might occur within their organisation.
Relevant risk factors may include:
- power imbalances or unclear reporting lines
- limited diversity in particular teams
- lone, night or remote working
- customer-facing roles
- business travel and overnight stays
- work-related social events
- alcohol
- informal messaging channels
- client or supplier premises
- previous incidents, complaints or employee feedback.
Risk assessments should lead to proportionate action. An employer may wish to maintain an action plan identifying the risk, the preventative measure, the person responsible and how effectiveness will be reviewed.
Assessments should also be revisited following material changes such as rapid recruitment, restructuring, acquisitions, new premises, changes to working practices or the introduction of new customer-facing services.
4. Encourage reporting
Employers should provide clear and accessible routes through which workers can raise concerns.
Workers should have an option that does not require them to report through their immediate line manager. Depending on the workforce and level of risk, an employer may also consider named and anonymous reporting channels.
Anonymous information may not always allow a full investigation, but it can still highlight patterns, teams or locations requiring further attention.
Records of concerns should be handled confidentially and in accordance with data protection requirements. Maintaining appropriate central oversight can help the employer identify repeated behaviours, emerging trends and areas where existing measures may not be effective.
5. Train managers and staff
Training can be an important part of complying with the preventative duty, but it should be relevant, understood and refreshed where necessary.
Workers should understand:
- what sexual harassment can include
- the organisation’s expected standards
- how to report something they experience or witness
- the risk of victimisation
- how third-party harassment should be addressed.
Managers require additional guidance on receiving concerns, taking reports seriously, maintaining appropriate confidentiality and referring matters for formal action.
Training should reflect the organisation’s particular risks. For example, customer-facing businesses may need to address how workers and managers should respond when inappropriate behaviour comes from a customer, patient, service user or supplier.
Employers should retain appropriate training records and review whether the training is influencing behaviour. Training that has become stale, has not been understood or is treated as a tick-box exercise is unlikely to provide meaningful protection.
Our sexual harassment training for employers is designed to help managers and staff understand their responsibilities and apply them to realistic workplace situations.
6. Respond promptly and fairly to complaints
Employers should respond promptly when a concern is raised, consider whether immediate safeguards are required and explain how the matter will be handled.
The complainant’s views should be taken into account, although the employer remains responsible for deciding what fair and proportionate action is needed.
A suitable response may involve:
- an initial assessment of the concern and any immediate risks
- appointing an appropriately impartial investigator
- gathering and assessing relevant evidence
- protecting the confidentiality and wellbeing of those involved
- preventing victimisation
- communicating the outcome and any next steps
- considering whether wider preventative measures are required.
Any interim arrangements should be considered carefully and should not imply that conclusions have already been reached. Where an allegation may involve criminal conduct, the employer should consider how the individual can be supported and whether specialist advice is needed.
7. Address third-party harassment
Employers should consider the risks posed by customers, clients, contractors, suppliers, patients, service users and other external parties.
The appropriate measures will depend on the working environment. They may include:
- clear behavioural expectations in customer or supplier communications
- contractual provisions where appropriate
- escalation routes for workers
- manager support following an incident
- restrictions on contact with a particular individual
- additional safeguards for lone or vulnerable workers
- reviewing staffing, security or supervision arrangements.
Third-party risk is particularly important for employers in hospitality, healthcare, retail, professional services and other customer-facing sectors.
The forthcoming October 2026 changes make it especially important to identify these risks and document the measures considered.
8. Monitor and evaluate the steps taken
Employers should review whether their preventative measures are working rather than assuming that implementation is enough.
Monitoring may include:
- reviewing complaint and reporting data
- identifying trends or repeated areas of concern
- anonymous staff feedback
- comparing survey results with reported incidents
- lessons-learned reviews after a complaint
- reviewing whether managers followed the relevant procedure
- checking that policies and training remain current.
Policies, procedures and training should also be reviewed when the organisation or workforce changes.
A further incident does not automatically mean that previous measures were unreasonable. It may, however, indicate that the risk has changed, that a measure was ineffective or that additional steps should now be considered.
What should your board or leadership team expect to see?
Senior leaders should have proportionate assurance that the business is actively managing sexual harassment risk.
Depending on the organisation, this may include:
- a current risk assessment
- a named policy and risk owner
- an action plan with review dates
- training and refresher records
- accessible reporting arrangements
- appropriate oversight of complaint trends
- evidence that measures have been reviewed for effectiveness.
For growing, regulated or customer-facing businesses, periodic reporting to the board or leadership team can help demonstrate accountability and identify where further action is needed.
What are some examples of sexual harassment?
Sexual harassment can range from physical conduct to verbal, written or visual behaviour of a sexual nature.
Examples identified in EHRC guidance include:
- sexual comments or jokes
- suggestive looks, staring or leering
- sexual propositions or advances
- displaying or sharing sexually graphic material
- intrusive questions about a person’s private or sex life
- sexual posts or contact through social media
- spreading sexual rumours
- sexually explicit emails or messages
- unwelcome touching, hugging, massaging or kissing.
Conduct can amount to sexual harassment even where the person responsible did not have a sexual motive. The relevant question is whether the conduct was of a sexual nature and met the legal test.
Sexual harassment may involve people of the same or different sexes. It may also affect someone who witnesses conduct that was not directed specifically at them.
Conduct that is invited, mutual or consensual will not ordinarily be unwanted by the people taking part and will not amount to sexual harassment of them on that basis. However, the same conduct may still be unwanted by, and amount to sexual harassment of, another person who witnesses it. Conduct that was previously welcomed may later become unwanted, and a person does not necessarily have to object expressly for conduct to be considered unwanted. It’s particularly important for employers to keep in mind potential imbalances of power, where a junior employee may feel they have no alternative but to go along with certain behaviours.
The conduct may also amount to workplace misconduct and need to be addressed through the organisation’s disciplinary procedure.
What if we already have relevant policies and procedures?
Existing policies are a useful starting point, but their presence alone is unlikely to demonstrate compliance.
Employers should review whether:
- the policy reflects the current legal position
- it addresses the organisation’s actual risk profile
- workers know where to find it
- managers understand their responsibilities
- reporting routes are accessible
- third-party risks are covered
- training remains current and effective
- previous concerns have led to appropriate action
- the policy has a clear owner and review date.
A policy that is not communicated, understood or followed may provide little protection.
What should we do if we receive a sexual harassment complaint?
A complaint should be handled promptly, sensitively and fairly.
The employer should first consider the immediate situation, including whether any temporary safeguards or changes to working arrangements are needed. Any interim steps should be proportionate and should not be treated as a disciplinary sanction or an indication that a decision has been made.
The investigation should be conducted by someone with appropriate impartiality, experience, training and authority. Particular consideration may need to be given to confidentiality, the wishes and wellbeing of the complainant, the position of witnesses and the risk of victimisation.
Once the relevant information has been considered, the employer should communicate an appropriate outcome and decide whether disciplinary or other action is required.
The employer should also consider the wider lessons arising from the complaint. These may include changes to management arrangements, reporting routes, policies, training, workplace culture or controls relating to third parties.
Specialist advice may be particularly valuable where:
- the allegation involves a director or senior manager
- possible criminal conduct is alleged
- suspension or significant reporting-line changes are being considered
- a complainant or witness may be at risk of victimisation
- there are overlapping grievance, disciplinary or whistleblowing issues
- the organisation may face regulatory scrutiny
- the matter creates significant reputational or commercial risk.
Our guide to managing internal investigations provides further information about the investigation process.
What guidance should employers use?
Employers may wish to refer to:
- the EHRC technical guidance on sexual harassment and harassment at work
- the EHRC eight-step guide, checklist, action plan and monitoring log
- Acas guidance on sexual harassment
- any additional requirements or guidance issued by their sector regulator.
The EHRC is updating its guidance to reflect legal changes taking effect during 2026, so employers should ensure that they are working from the latest available version.
Sexual harassment compliance support
The preventative duty requires more than a policy or one-off training exercise. Employers should be able to show that they have considered their particular risks, introduced proportionate measures and reviewed whether those measures are effective.
Our employment law solicitors support employers with:
- workplace risk assessments
- policy and procedure reviews
- management and workforce training
- reporting and governance arrangements
- sensitive internal investigations
- disciplinary and grievance processes
- complaints involving senior personnel
- third-party harassment risks
- preparation for the October 2026 changes.
We also provide webinars and employment law updates to help employers monitor further developments. Learn more about our sexual harassment compliance support to help protect your business and your team.
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