A shift in employer responsibility
From October 2024, the Worker Protection Act (Amendment of the Equality Act 2010) placed a new legal duty on employers to take reasonable steps to prevent sexual harassment in the workplace. This includes harassment carried out by third parties. The change raised the bar for everyday workplace safeguarding, yet many small and medium-sized businesses still haven’t taken any action.
What the law now expects
The Equality and Human Rights Commission holds the power to enforce the duty. Tribunals may also increase compensation awards by up to 25% when employers ignore the law or any guidance that sits alongside it.
The intention is simple. Employees should work in safe conditions, free from unwanted conduct or behaviour that undermines dignity. To support this, employers must show clear steps that lower risk and deal with concerns fast.
Early action by some organisations
Several organisations prepared ahead of time. They carried out risk assessments, reviewed policies, held fresh training sessions and strengthened guidance. These steps marked the start of better practice, yet they sit at the lower end of what the legislation expects.
A further legal shift on the horizon
The Employment Rights Bill introduced a stronger proposal. Instead of ‘reasonable steps’, employers may soon face a duty to take ‘all reasonable steps’ to prevent sexual harassment.
The word “all” changes everything. It reflects section 109(4) of the Equality Act 2010. Under this standard, employers face liability unless they can show that every reasonable action was in place to prevent harassment.
The difference between ‘reasonable steps’ and ‘all reasonable steps’
The guidance sets out examples that show how this new standard could work in practice:
- Reasonable steps – carrying out risk assessments, running training and sharing guidance on a set timetable.
- All reasonable steps – adapting that timetable when business needs change. For instance, when a company recruits twenty new starters, training may need to take place at once rather than waiting for the next scheduled session.
This shift highlights a simple truth. Static policies no longer meet the expectation of the law. Employers must review risks often and act quickly when changes arise.
What responsible employers should do next
The safest approach is a practical one. Employers review risk, challenge unsafe behaviour, encourage open reporting and keep guidance current. Regular checks ensure that support reflects real conditions in the workplace rather than a paper exercise.
Why many SMEs remain exposed
Many small and medium-sized employers still rely on outdated policies or one-off training sessions. This leaves a clear gap between what the law expects and what actually happens day to day. When these gaps stay open, employers face higher risk of claims, tribunal uplifts and reputational damage.
A timely reminder
Sexual harassment is unlawful in every setting. The October 2024 update simply reinforces that point and expects employers to show clear actions that reduce risk. With the shift towards all reasonable steps, the level of expectation will rise again. Employers who act early place their workplaces in a safer position.
A clear next step
Now is the moment for employers to update policies, refresh training and tighten safeguards so they meet the October 2024 standard and prepare for the shift to all reasonable steps. Taking action today reduces risk and builds a safer workplace for everyone.
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