Preventing Sexual Harassment
Discrimination, harassment and retaliation claims hit a record high in 2024, averaging 14.7 incidents per 1,000 employees. Yet 32% of organisations don’t use formal investigation procedures. (Employee Relations Benchmark Study, 2025)
Change is badly needed.
Good news! UK employment law is shifting from reactive to proactive, introducing a prevention-first approach regarding sexual harassment. It’s sorely needed.
It’s both sad and frustrating to see glaring cases of companies not acting proactively or responsibly … not acting at all:
- A security officer was awarded £69,000 after a tribunal found she was constructively dismissed after being mocked by male co-workers and exposed to misogynistic comments.
- A woman received a £90,000 pay out from her employer to settle a sexual harassment case after a male manager slapped her on the bottom with a ruler.
- A nurse won a harassment claim following her changing room row with transgender doctor.
(Source: People Management 2025-26)
Qualifying disclosure
By law, there are several issues you can whistleblow about. These are called “qualifying disclosures”.
From 6 April 2026, sexual harassment disclosures will become a “qualifying disclosure” under whistleblowing law, providing stronger protections against detriment and dismissal. This means that whistleblowers who make a sexual harassment disclosure will be protected from unfair disadvantage and unfair dismissal.
Key changes include:
- A mandatory duty on employers to take “all reasonable steps” to prevent harassment (strengthening the October 2024 “reasonable steps” duty).
- Increased liability for third-party harassment.
- Enhanced whistleblower protections.
What is sexual harassment in the workplace?
Under the Equality Act 2010, sexual harassment is defined as unwanted conduct of a sexual nature that either violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
Examples of sexual harassment include:
- inappropriate or suggestive comments,
- unwanted touching or physical contact,
- sharing sexual content via email or messaging apps,
- telling jokes with a sexual undertone, and
- applying pressure to engage in sexual behaviour or relationships.
Even if the individual responsible for the behaviour believes it was harmless or a joke, if the person on the receiving end feels uncomfortable or violated, it may still amount to harassment. (Acas, 2026)
What does preventing sexual harassment mean for employers?
“All reasonable steps” means exactly that. As an employer, you should already be proactive about preventing sexual harassment, complying with the Worker Protection Act introduced in October 2024.
Employees should have multiple ways to raise concerns, including the option of speaking to HR, a designated safeguarding officer, or using an anonymous reporting mechanism. Clear contact points should be outlined in your harassment policy, and staff should know that all reports will be taken seriously and handled confidentially. It is equally important to reassure employees that retaliation against anyone who reports harassment will not be tolerated. This applies to all workers, not just permanent employees.
The steps you could take include:
- making it clear to everyone who works for you, or uses your services, that you will not tolerate sexual harassment,
- encouraging workers to report any incidents of sexual harassment,
- encouraging workers to report situations where they felt at risk, even if nothing happened,
- introducing ways for workers to get help quickly, for example panic buttons or alarms,
- setting standards of behaviour for work social events, and
- having someone at senior level to make sure the organisation is taking steps to prevent sexual harassment.
You should also consider:
- having a specific policy on sexual harassment,
- training everyone who works for you on recognising sexual harassment,
- training managers on their responsibilities,
- having a process for reviewing your policies and training, and
- taking steps to create the right culture.
‘It’s important to have the right policies and procedures in place to prevent sexual harassment,’ says Emma Clack of Heneom HR, the HR services company in Welwyn and Stevenage. ‘This can be done through a grievance procedure, or by including a specific procedure for handling sexual harassment complaints as part of your sexual harassment policy.’
Do you have a policy in place to prevent sexual harassment in your workplace?
Now is the time to act. Not just because employment law is changing … because you have a responsibility to protect your employees from sexual harassment. Contact Emma at Heneom HR for an initial discussion. No judgement, no jargon and no cost. Let’s talk.