SEXUAL HARASSMENT IN THE WORKPLACE

Helen Taylor
55 minutes ago
3 min read

Empty desk with out of office gone on mat leave sign

Sexual harassment continues to be one of the most damaging issues in the workplace and one of the biggest challenges for employers to tackle.

What is the current law?

In the UK, sexual harassment is unlawful under the Equality Act 2010. To understand the legal position, it is necessary to understand what sexual harassment is. Sexual harassment is defined as unwanted conduct of a sexual nature that violates dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for someone.

Since October 2024 the law places a statutory duty on employers to take “reasonable steps” to actively prevent sexual harassment from occurring in the workplace. This stance requires more from employers than previous legislation; it shifts the focus from being reactive following incidents being reported, to being proactive as it requires employers to try to prevent them from occurring.

The Equality and Human Rights Commission (EHRC) offers guidance to employers on what these “reasonable steps” should involve, which includes, robust policies and reporting procedures, regular risk assessments, and frequent staff training.

Have workplaces improved as a result?

There is some indication that the change to the law is starting to have some impact. Recent reports in the press have indicated that ACAS is experiencing a sharp increase in calls about workplace sexual harassment.

One reason for this could be that the legislation has not improved the workplace for employees. Additionally, it may have created an increased awareness of what is and is not appropriate behaviour; employees now feel more confident to speak up. However, it also highlights concerns over compliance as the initial purpose of this pre-emptive stance to lessen incidents occurring may be ineffective.

What will happen next?

Further reforms are on the horizon as the government is looking to make even more changes to sexual harassment laws. Sexual harassment is expected to become a “qualifying disclosure” under whistleblowing law, meaning that whistleblowers will be protected from detriment and unfair dismissal for making any sexual harassment disclosures. These changes are expected to be enforced in April 2026.

Also in October 2026, it is anticipated that the requirement for “reasonable steps” will be expanded to require “all reasonable steps” to be taken; employers will also be expected to prevent harassment arising from third parties as well as within the workplace.

Changes regarding non-disclosure agreements (NDAs) are also anticipated; clauses that would prevent employees from disclosing or alleging any work-related harassment or discrimination will be void. The timeframe for this is not yet known but will be confirmed in due course.

What should employers do?

Employers now face greater scrutiny, responsibility and litigation risk. Beyond potential legal costs and financial penalties, mishandling sexual harassment claims can also damage a business’ reputation, morale and staff retention. Therefore, preventing sexual harassment is both a compliance obligation and a business necessity. Employers can no longer rely on having a policy and complaints procedure in place and nothing more.

So, how can FG Solicitors help your business?

At FG Solicitors, we conduct comprehensive strategic reviews to identify areas within your business that require enhancement, and implement tailored remedial measures to ensure your workplace remains both fully compliant and operating to the highest standards.

If you are looking to create the right workplace for your staff and want to take steps to minimise the risk of a complaint, FG Solicitors can offer a helping hand whether it is undertaking a risk assessment, creating the right policy to achieve legal compliance, or supporting you in handling a complaint.

Contact FG Solicitors today on 0808 172 93 22 or complete our quick contact form for a no obligation discussion!