Duty to prevent sexual harassment

Since 26 October 2024, a new duty under the Equality Act 2010 requires employers to take “reasonable steps” to prevent sexual harassment of their employees.

This is not just a one-off exercise, and it’s not enough to simply have a policy and take steps if sexual harassment happens.

Employers must be proactive, assess risks, put in place measures to prevent sexual harassment and continue to monitor these measures.

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What must employers do to prevent sexual harassment?

The guidance on the duty to prevent sexual harassment requires employers to consider:

  • Developing an effective anti-harassment policy
  • Engaging with staff to set expectations around workplace behaviours
  • Training managers to spot inappropriate behaviours and understand how to address them
  • Risk assessments to understand risks of harassment occurring in the workplace and the sector or involving customers, suppliers and other third parties
  • Systems to report inappropriate behaviour, address concerns and monitor trends   

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Sexual harassment

Watch: Understanding Employers’ Responsibilities to Prevent Workplace Sexual Harassment

Why Choose Myerson to assist with the Duty to Prevent Sexual Harassment?

Failing to comply with the new duty to prevent sexual harassment puts employers at risk of:

  • Disruption to employee relations and serious reputational damage.
  • Increased compensation - awards in successful sexual harassment claims may rise by 25% if reasonable steps aren’t taken.
  • Unlimited financial consequences - there’s no cap on the compensation that can be awarded.

Our specialist employment team provides expert advice and support to help employers navigate these new legal responsibilities, ensure compliance, and safeguard their businesses.

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Liability for harassment by third parties

Our prevention of sexual harassment experience

Recent examples of our work in this area includes:

In-Person Training for a Global Engineering Company

We provided in-person employment training to the employees and managers of a global engineering company on duty to prevent sexual harassment and how to recognise inappropriate behaviour.

This training was recommended after the company upheld an employee's allegation of sexual harassment against a senior manager.

We also undertook the sexual harassment investigation and advised on the subsequent disciplinary process.

Sexual Harassment Risk Assessment for a Multi-National Organisation

Providing a sexual harassment risk assessment to a multi-national professional service organisation to enable them to comply with the duty to prevent sexual harassment.

Bespoke Sexual Harassment Policy for a Global Manufacturer

Drafting a bespoke sexual harassment policy for a leading global manufacturer. 

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Excellent support. I turned to Vicki for support with an employment matter. Vicki was always clear, concise and incredibly communicative. She made the entire process easy to understand and much less stressful to navigate. Couldn’t recommend her enough.

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Meet Our Employment Solicitors

Home-grown or recruited from national, regional or City firms. Our employment lawyers are experts in their fields and respected by their peers.

Joanne Evans v3

Joanne Evans

Jo is a Partner and Head of our Employment Team

Jo Hen

Joanne Henderson

Jo is a Partner in both our Employment and Compliance Teams

Charlotte Gilbert v2

Charlotte Gilbert

Charlotte is the Head of Myerson HR and a Partner in our Employment Team

Victoria Davies

Victoria Davies

Victoria Davies is a Legal Director in our Employment team

Jack L final

Jack Latham

Jack is a Senior Associate in our Employment Team

Vicki

Vicki Fagan

Vicki is a Senior Associate in our Employment Team

Amy S

Amy Salim

Amy is an Associate in our Employment Team

Kurt final

Kurt Reilly

Kurt is an Associate in our Employment Team

Anjali final

Anjali Brown

Anjali is an Associate in our Employment Team

Issy final

Isobel Barton

Isobel is a Solicitor in our Employment Team

Emily Arnold v2

Emily Arnold

Emily is a Trainee Solicitor in our Employment Team

Janice G final

Janice Green

Janice is a Senior Legal PA in our Employment Team

Jessica Pratt

Jessica Pratt

Jessica is a Legal PA in our Employment Team.

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