19-08-2025

It is now almost a year since the preventative duty on sexual harassment came into force under the Worker Protection Act 2023.

Introduced on 26 October 2024 through an amendment to the Equality Act 2010, the law requires all UK employers to take reasonable steps to prevent sexual harassment in the workplace.

For the first time, employers are under a proactive legal duty to anticipate and reduce the risk of harassment, rather than waiting to respond after an incident occurs.

The duty also extends to harassment by third parties – such as suppliers, customers, contractors, and members of the public – even though employees do not yet have a standalone legal claim for third-party harassment.

Failure to comply can be costly. If a tribunal upholds a harassment claim, compensation can be increased by up to 25% where an employer has breached the preventative duty. The Equality and Human Rights Commission (EHRC) can also take enforcement action, including investigations, legally binding agreements, or injunctions.

Common challenges for employers

In working with businesses to meet the new requirements, three recurring challenges have emerged:

Risk assessments – Many employers are familiar with health and safety risk assessments but find sexual harassment risk assessments more complex, given the human and behavioural factors involved. The EHRC is clear: without regular, tailored risk assessments, it will be difficult to demonstrate compliance.

Training – E-learning alone is unlikely to bring about behavioural change. Training must be updated to reflect the new duty, be relevant to all levels of the organisation, and go beyond tick-box exercises.

Third-party risks – Extending protections to cover harassment by third parties requires careful handling to avoid inadvertently creating employment relationships. Training and awareness for contractors, suppliers, and other non-employees should be targeted and specific.

What’s next?

Looking ahead, the Employment Rights Bill currently before Parliament proposes to:

  • Raise the standard from “reasonable steps” to “all reasonable steps” to prevent sexual harassment
  • Make employers liable for one-off incidents of third-party harassment, even if they were unaware
  • Extend the time limit for harassment claims from three to six months

While these changes are unlikely to take effect until 2026, they signal a clear direction of travel: the bar for compliance is only going to rise.

Final thoughts

Rolling out the changes required by the preventative duty was never going to be easy.

Almost a year on, many employers are still refining their approach from embedding cultural change to improving training and monitoring.

But with enforcement powers in play and the risk of reputational harm, employers cannot afford to be complacent.

How can we help

If this is an area in which your organisation would benefit from support, Make UK can provide tailored advice and practical solutions.

We offer a suite of products, including general awareness training for employees and specialist training for HR and leadership teams, designed to meet the requirements of the preventative duty.

If you are a Make UK subscriber, you can speak to your regular adviser with any queries or to request consultancy support.

Subscribers also have access to comprehensive guidance on a wide range of employment law topics, template policies, and drafting tools in our HR & Legal Resources section.

If you are not currently a Make UK subscriber, you can still contact us for advice and support. Click here to find out how we can help your business.