In October 2024, the law changed and if you are a business owner, it is important you know what those changes mean for you.
The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces a new legal duty for employers to proactively prevent sexual harassment at work. In simple terms, it’s no longer enough to just act after a complaint. Employers now need to take reasonable steps to stop sexual harassment from happening.
Let’s break down what’s changed, what you need to do, and how to protect your team and your organisation.
What’s new?
Under the old rules, an employer could defend themselves in a harassment claim if they could show they took “reasonable steps” to prevent it, things such as training, having a policy, or doing a risk assessment.
That still matters. But now, there is an added legal duty to take proactive steps to prevent sexual harassment. That means anticipating risks and taking action, even if no one has made a complaint.
This duty also covers more than just employee-to-employee interactions. It includes third parties, such as clients, customers, contractors, and service users. So, if a hotel guest harasses your receptionist, you are expected to have measures in place to deal with that, too.
What is sexual harassment?
The law defines it as unwanted conduct of a sexual nature that either:
- Violates someone’s dignity, or
- Creates an intimidating, hostile, degrading, humiliating, or offensive environment.
It can be verbal (comments, jokes, banter), non-verbal (gestures, looks), written (emails, messages), or physical. It doesn’t need to be obvious or intentional and “it was just a joke” won’t be accepted.
Self-employed people may also be protected if they’re classed as a ‘worker’ under employment law.
Who does this apply to?
The duty covers a wide range of working relationships, not just your employees. This includes:
- Employees and workers
- Apprentices and interns
- Job applicants
- Agency staff and consultants
- Anyone working under your direction or on your premises
And as mentioned earlier, you also need to think about third-party harassment, where the harasser isn’t someone you employ.
What happens if you don’t comply?
The Equality and Human Rights Commission (EHRC) has the power to take enforcement action, and tribunals can increase compensation by up to 25% if you have failed to meet your proactive duty.
But there’s more than just the legal and financial risk. Failing to deal with harassment can damage your company’s reputation, morale, and staff retention. And with workplace culture under more scrutiny than ever, doing the bare minimum simply isn’t enough.
It is also worth noting that if harassment involves violence or threats, it could fall under the Health and Safety at Work Act 1974, adding further obligations around staff safety.
Five steps to get your business compliant
Whether you have five employees or fifty, the principles are the same. Here is where to start:
- Have a clear Anti-Harassment Policy
Spell out what’s not acceptable, include examples, and explain what happens if someone breaches the policy. Make sure it is easy to find and read. - Train your team
One-off e-learning modules won’t cut it. Run regular, interactive training that helps people recognise inappropriate behaviour and know how to speak up. - Put proper reporting routes in place.
Employees should know exactly who they can speak to and how. Keep it confidential, clear, and supportive. - Lead from the top
Culture starts with leadership. Make sure you and your managers are walking the talk and challenge behaviour that doesn’t align. - Review, monitor, and improve.
A policy written five years ago and never looked at again won’t do. Regularly check your approach is working. Ask for feedback and update it when needed.
In summary…
This new duty is about more than ticking a legal box. It is about creating a workplace where everyone feels safe, respected, and able to do their best work.
For small businesses, the change may feel like a lot. But with the right steps and support, it’s entirely manageable and the long-term benefits are huge. Less risk, happier teams, and a better reputation.
If you’re not sure where to start, or you would like help to review your policies and training, get in touch.
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