From 26 October 2024, every UK employer faced a new legal responsibility: to take proactive steps to prevent sexual harassment in the workplace. This change, introduced by the Worker Protection (Amendment of Equality Act 2010) Act 2023, places prevention, not just response, at the heart of workplace culture.
This marks a significant shift in employer obligations and potential liability: employers must now demonstrate they took “reasonable steps” to prevent harassment from occurring.
Businesses need to be sure they’re not simply compliant on paper but actively shaping a culture that prevents harm.
What’s changed?
Now, under the new law:
- There is a positive legal duty to take reasonable preventative measures.
- Enforcement may involve regulatory intervention by the Equality and Human Rights Commission (EHRC), not just Tribunal claims.
- Courts and Tribunals will assess whether an employer’s policies, training, culture, and reporting mechanisms were robust before the incident.
Early case law: the stakes are high
Recent reported cases, such as Jo Phoenix v The Open University (2024) and Peggie v NHS Fife (Ongoing, 2025) have highlighted how the law is evolving and the obligations on and risks for employers.
What counts as a “reasonable step”?
Initial guidance from ACAS and the EHRC suggests the following steps will be key:
- Robust anti-harassment policy
- Regular, high-quality training
- Effective reporting mechanisms
- Leadership buy-in and culture shift.
Employer risk: legal, financial and reputational
Failing to meet the proactive duty could result in:
- Increased Tribunal awards (with uncapped damages in discrimination cases).
- Regulatory penalties or enforcement notices from the EHRC.
- Negative media coverage and damage to employee trust and recruitment efforts.
Harassment cases are no longer just HR issues; they are governance and brand risks.
What employers should do now
To prepare for compliance and build a safer, more inclusive workplace, we recommend:
- Reviewing and updating your harassment policies in light of the 2023 Act.
- Auditing training records and rolling out new sessions where gaps exist.
- Testing your reporting and investigation processes.
- Engaging with staff directly about expectations and behavioural standards.
- Working with HR and legal advisers to future-proof your culture and documentation.
Join us for practical insight
In our September 2025 webinar, we will be unpacking:
- The new harassment duty
- Key Tribunal risks
- How HR and legal teams can work together to build proactive protection into your workplace culture
There is still time to register to join us for this live webinar, sign up here.
If you need help to navigate these changes, please get in touch with our Employment Law team.
