As a growing business, you already know the importance of compliance with employment law. But with new legislation coming into effect in October 2024, preventing sexual harassment in the workplace will no longer be about reactive measures. Instead, you’ll be legally required to take reasonable steps to prevent harassment before it happens. This article explores the upcoming changes in legislation, explains how these changes impact your business, and offers practical, actionable steps to help you stay ahead.

Political and Economic Context

As we near the end 2024, small businesses in the UK face a tough climate. The cost-of-living crisis continues, and many businesses are still recovering from the economic impacts of Brexit and the Covid-19 pandemic. At the same time, the new Labour government has made it clear that protecting workers from harassment and discrimination remains a high priority. The new Worker Protection (Amendment of Equality Act 2010) Act reflects this commitment, and while the law is essential for creating safer workplaces, it does mean that businesses must now consider how to comply with tighter regulations during a time of economic uncertainty​.

The good news? By proactively implementing preventative measures, not only will you remain compliant, but you will also create a more positive workplace, potentially reducing staff turnover and improving morale – both of which are crucial in maintaining business continuity during tough times.

What’s Changing?

From 26th October 2024, all employers will be subject to a legal duty to take “reasonable steps” to prevent sexual harassment. The law will shift the focus from simply dealing with harassment claims when they arise to taking proactive steps to stop harassment from happening in the first place. If your business fails to comply with this new duty and a harassment claim is made, employment tribunals will have the power to increase compensation by up to 25%.

Although businesses won’t face penalties for failing to meet the duty if no harassment occurs, the reputational damage of a claim could be costly. Moreover, the Equality and Human Rights Commission (EHRC) will have the authority to investigate whether your business is complying, and non-compliance could result in serious reputational consequences​(

What do you need to do?

Now let’s look at what practical steps you can take to protect your business, safeguard your employees, and ensure you comply with the law.

1. Conduct a Risk Assessment

Start by evaluating the potential risks of sexual harassment in your workplace. This should include:

• Identify vulnerable areas: Are there certain times, places, or situations where harassment is more likely to occur? Social events, remote working, or lone working could be higher-risk situations​.
• Understand your workforce: Consider the specific dynamics of your team. Small teams or hierarchical structures may create power imbalances, which can heighten risks.
• Review past issues: If your business has dealt with harassment claims before, examine how and why they occurred. Could these incidents have been prevented with earlier intervention? If so, how?

By understanding where and how harassment could arise, you can put procedures in place to mitigate these risks. Remember, this process should be ongoing – regular risk assessments are key to maintaining compliance.

2. Update Your Policies and Procedures

A comprehensive, clearly communicated anti-harassment policy is one of the easiest ways to ensure your business meets the new legal duty. Your policy should:

• Clearly define sexual harassment, giving examples relevant to your workplace.
• Outline the responsibilities of employees and managers in preventing harassment.
• Provide clear reporting procedures, ensuring employees feel comfortable raising concerns​.

You may also want to review and update any complementary policies, such as equality and diversity, and disciplinary and grievance procedures.

It’s also important to consider harassment by third parties, such as customers, suppliers, or contractors. While the law doesn’t currently extend liability to third-party acts, you are still required to take reasonable steps to prevent harassment from all sources​.

Once updated, your policies must be communicated effectively. Employee handbooks, posters, and regular discussions can help ensure everyone is aware of the procedures and knows how to act if an issue arises.

3. Provide Tailored Training

Sexual harassment training is a critical element of compliance. It’s not enough to deliver generic, one-off sessions and your training should be:

• Bespoke: Tailor your training to specific roles and departments within your company. For example, customer-facing staff may face different risks than those working behind the scenes.
• Ongoing: Ensure training is provided regularly and not just when employees join the company. This is particularly important for businesses with high staff turnover​.
• Interactive: The best training sessions involve real-life examples and encourage active participation. You could also include bystander intervention training, which encourages employees to speak up if they witness inappropriate behaviour​.

By documenting attendance at these sessions, you will not only comply with the law but will also show your commitment to creating a safe, inclusive environment.

4. Foster a Positive Workplace Culture

A positive workplace culture is crucial in preventing sexual harassment. It’s about more than policies and training – it’s about embedding respect, dignity, and inclusivity into your day-to-day operations.

• Encourage open dialogue: Employees should feel comfortable speaking up, whether it’s to report harassment or to suggest improvements to the workplace. This can be achieved through engagement surveys, staff forums, and even one-to-one discussions with managers​.
• Model positive behaviour: It’s up to you and your leadership team to set the tone. If employees see managers acting with integrity, they’re more likely to follow suit. Consider implementing a zero-tolerance policy and ensure that all complaints are taken seriously and investigated thoroughly​.
• Involve your team: Getting staff involved in developing harassment policies can help foster ownership and accountability. You might even consider creating a diversity and inclusion working group to oversee these initiatives.

A strong culture can reduce the likelihood of harassment occurring in the first place and, if it does happen, it ensures employees feel confident that their concerns will be addressed promptly.

5. Implement Clear Reporting and Investigation Procedures

It’s vital that your employees know how to report harassment and that their complaints will be handled seriously. Your reporting process should be:

• Confidential: Make it clear that all reports will be treated with sensitivity and privacy.
• Accessible: Employees should be able to report concerns in a way that feels comfortable for them. Consider providing multiple reporting channels, such as HR, anonymous hotlines, or a direct line to senior management​.
• Thorough: Ensure all complaints are investigated promptly and fairly. Keep written records of every investigation, even if no action is taken. This will help you demonstrate your commitment to resolving issues and can act as evidence should a claim be brought against your company.

The Benefits of Compliance

Complying with this new legislation is, of course, a legal requirement. But the benefits of compliance go beyond avoiding penalties:

• Attract and retain talent: Employees want to work in a place where they feel safe and respected. By fostering a positive, inclusive culture, you can boost retention and attract top talent.
• Boost employee morale: A respectful work environment reduces tension and boosts morale, which can lead to higher productivity.
• Reputation management: In today’s climate, reputation is everything. Taking steps to prevent harassment will protect your business from damaging employee claims and negative media coverage.

Act Now!

The upcoming changes are a great opportunity to review your current practices and make sure your business is on the right track. If you’re unsure where to start or need expert guidance on how to prepare, get in touch with me today. As an experienced HR consultant, I specialise in helping businesses navigate complex employment law and create safer, more inclusive workplaces.