By Alicia Collinson
Sexual harassment in the workplace is no longer something employers can deal with reactively.
The law has moved decisively toward prevention, accountability and meaningful action. The direction of travel is clear. Doing the bare minimum is no longer enough.
Recent reforms strengthen the preventative duty on employers and expand protections for those who speak up. This is a fundamental shift in responsibility.
A Recap: The Preventative Duty
In 2024, a new legal duty came into force requiring employers to take reasonable steps to prevent sexual harassment in the workplace, including harassment by third parties.
This marked a significant shift. Employers could no longer simply respond once a complaint was raised. They were required to actively prevent harassment before it happened.
But the law has continued to evolve and the focus is now firmly on raising the standard of prevention.
From “Reasonable Steps” to “All Reasonable Steps”
The most significant development is the move from taking reasonable steps to taking all reasonable steps to prevent sexual harassment.
This is not a minor wording change. It materially raises the bar.
Employment Tribunals will expect employers to demonstrate that they have taken every step that is reasonably available to them to reduce risk.
The question will no longer be whether something was done; it will be whether enough was done.
What Does “All Reasonable Steps” Actually Mean?
Employers must now be able to show that they have:
- Identified the specific risks of sexual harassment within their organisation
- Taken proactive and tailored action to address those risks
- Embedded prevention into culture, leadership and systems
- Regularly reviewed and updated their approach
This goes far beyond having a policy saved on an intranet.
Tribunals are likely to ask:
- Was training meaningful, regular and role specific?
- Were managers properly equipped to handle concerns?
- Were high risk areas assessed, such as power imbalances, lone working or client facing roles?
- Were complaints handled promptly, sensitively and fairly?
- Did leaders model appropriate behaviour and intervene early?
If an employer cannot evidence what steps were taken and why, compliance will be difficult to demonstrate. Tribunals do not expect perfection, but they do expect evidence. The most common weakness we see is not the absence of action, but the absence of documentation showing that risk was properly considered and reviewed over time.
Sexual Harassment and Whistleblowing: Stronger Protection from Detriment
Another important development is the growing overlap between sexual harassment law and whistleblowing protections.
Historically, employees who raised concerns about sexual harassment were protected under the victimisation provisions of the Equality Act 2010. They could not lawfully suffer a detriment because they had done a protected act.
Now, raising concerns about sexual harassment, systemic failures, or an employer’s failure to meet its preventative duty may also qualify as a protected disclosure under section 43B of the Employment Rights Act.
This strengthens victim’s protection against:
- Victimisation
- Retaliation
- Subtle detriment such as exclusion, stalled progression or hostile treatment
Employers must therefore be particularly careful in how individuals who raise concerns are treated, even where no formal grievance is pursued.
The risk does not end when the investigation ends.
What This Means for Employers
The message from lawmakers is straightforward; prevention must be genuine, not performative.
Employers should be asking:
- Do we understand where risk actually arises in our organisation?
- Are our policies supported by training, behaviour and leadership accountability?
- Do employees trust our reporting processes?
- Are managers confident and capable in handling concerns?
- Could we evidence that we took all reasonable steps if challenged?
If there is hesitation around any of these questions, that is a warning sign.
How Thrive Law Can Help
At Thrive Law, we support organisations in moving beyond compliance and into meaningful culture change.
Our support includes:
- Reviewing and strengthening sexual harassment policies and procedures
- Conducting preventative duty risk assessments and audits
- Providing bespoke workplace training tailored to your risks
- Supporting investigations, complaints and whistleblowing matters
Talk to Us
If you need support understanding your preventative duty obligations, reviewing your current approach, or delivering training that genuinely reduces risk and improves workplace culture, we are here to help.
Contact the Thrive Law team at enquiries@thrivelaw.co.uk to discuss:
- Your preventative duty obligations
- Whether you are taking all reasonable steps
- Policy reviews, audits or training
- Handling complaints or whistleblowing concerns safely and lawfully
Taking action now does more than reduce legal risk. It creates a safer workplace for everyone.
