It’s been just over one year since the Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force on 26 October 2024 - the landmark change that placed a new preventative duty on employers to take reasonable steps to prevent sexual harassment at work.
The reform signalled a major shift in focus: away from dealing with harassment only after it happens, and towards creating workplaces that actively prevent it. It’s not just about responding to complaints, but making sure the environment itself makes those complaints less likely in the first place.
One year later, has it delivered genuine change, or is there still work to do?
What’s changed and why it matters
Previously, employers who faced an Employment Tribunal claim for harassment under the Equality Act 2010 could seek to defend the claim if they had taken “all reasonable steps” to prevent the harassment. The recent reform goes further by making prevention a legal duty in itself. Failing to comply can now see tribunals increase compensation awards by up to 25% if an employee wins a harassment claim.
The new law is proactive in scope. It requires employers to consider and manage the risk of harassment in the workplace before incidents occur, not only between colleagues, but also where staff interact with clients, customers, contractors, or third parties. The Equality and Human Rights Commission (EHRC) now expects all businesses to assess these risks and take preventative action to address them. For example, employers should undertake regular risk assessments to identify where sexual harassment may occur and the steps that will be taken to prevent it, develop robust anti-harassment policies (which include third-party harassment), and put relevant safeguards, training, and straightforward reporting procedures in place.
One year on: progress and gaps
Twelve months after the preventative duty came into force, the results are mixed. A number of employers have woven the new responsibilities into their policies, governance and staff training. However, many others are still playing catch-up. Surveys suggest nearly half of organisations have yet to complete a sexual harassment risk assessment, while about a third have not delivered any training since the new preventative duty came into effect. Even where policies exist, far too many employers view compliance as a one-off task rather than an ongoing requirement.
This approach will not stand up to scrutiny. Recent guidance from the EHRC makes it clear that generic policies and outdated training are unlikely to comply with the new preventative duty. The new regime calls for regular risk assessments, proactive measures tailored to your workplace to prevent sexual harassment and an internal system of monitoring and evaluating the effectiveness of actions you have taken. Engaging senior leaders in this process is key.
Why this matters - NOW
Complying with the new preventative duty is about far more than legal box-ticking. It reflects whether an organisation genuinely values the safety, respect, and dignity of its staff. Tribunals and regulators are now asking what proactive steps employers took in advance, not just whether a policy existed. They want to see evidence of prevention: live risk assessments, clear preventative measures, regular training, and internal processes to monitor /evaluate the effectiveness of measures takenTraining should be tailored to your workplace, and procedures should be kept under review.
There is also a reputational dimension. Since the law was updated, there has been a steady increase in ACAS helpline calls reporting sexual harassment or inappropriate conduct at work. Employees now expect their employers to have effective measures in place to protect them from harassment at work. Employees are becoming more aware of their rights and are ready to challenge employers who fail to comply with the law. Beyond legal risk, the impact of one incident can rapidly ripple through your culture, social media, and public reputation. Taking this preventative duty seriously is a marker of good governance.
Organisations making real progress treat this as a leadership issue. They embed regular reviews, monitor complaints and outcomes, and make sure senior decision-makers are visible and accountable for prevention, not just leaving it to HR to update a handbook.
What you should do now: a practical checklist
Governance and risk
- Complete and document a sexual harassment risk assessment for every team, site and role.
- Map where your business has third-party exposure, such as customers or suppliers, and address risks appropriately.
- Assign board-level or senior accountability, and regularly monitor reported issues and outcomes.
Policies and procedures
- Introduce or update a standalone sexual harassment policy that is robust, accessible and clear.
- Set out transparent reporting routes and investigation standards.
- Provide clear guidelines for work events and off-site gatherings.
People and competence
- Deliver targeted, role-specific sexual harassment training for all staff and refresh it regularly.
- Support managers so they can handle disclosures and investigations sensitively.
Culture and communication
- Senior leaders should set the right example and communicate expectations clearly.
- Gather staff feedback through surveys or forums, act on what you learn, and keep people informed of changes.
The takeaway
A year after its introduction, the preventative duty should be firmly on every board agenda. Employers that can show prevention is a living part of their management culture, including risk assessment, targeted training, leadership involvement, and transparent communication, will not only comply with the law but also foster workplaces where people feel valued and safe.
Those still waiting to act are already behind. Prevention is now the standard, not the exception.
If you would like to review your policies and procedures, or need some expert advice our expert team offer bespoke Sexual Harassment Compliance Support. Get in touch today.