Employers must do more to crack down on sexual harassment

Employers have been faced with increasing obligations in recent years to crack down on sexual harassment in the workplace.

Employees are getting greater protection against harassment by third parties, says Liam Entwistle

Following the introduction of a preventative duty in October 2024, the Employment Rights Act 2025 is set to further strengthen protections, which took effect from October 30 this year.

With festive work parties just round the corner, the timing is significant. On the same day the new provisions came into force, the Equality and Human Rights Commission issued a reminder to employers to consider the heightened risk of harassment at work-related social events, including seasonal celebrations where alcohol may be involved.

It also comes shortly after a survey by Acas - a public body of the UK government that gives free, impartial advice and guidance to employers and employees on workplace rights, rules, and best practices - revealed 41 per cent of employers were unaware of the changes.

The updated legislation, however, already builds on the preventative duty introduced in October 2024. Employers were required to take reasonable steps to prevent sexual harassment of their employees. That obligation has been made stricter – as the Act now requires them to take “all reasonable steps” to prevent harassment.

The difference may come down to just one word, but it is a significant one. The addition of “all” raises the bar for employers, making clear that taking some reasonable steps is no longer enough. They must consider and implement all steps that are reasonable for their particular organisation, taking account of its size, resources, working environment and risks faced by staff.

In practice, that means employers should assess where risks arise, provide meaningful training, make reporting routes clear, and respond promptly to concerns and check whether their measures are working.

A further change is also expected to have a significant impact, particularly in customer-facing sectors like hospitality, retail and transport. The Act restores protection against harassment by third parties. Employers may now be liable where a worker is harassed in the course of their employment by someone outside the organisation, such as a customer, contractor, client or member of the public – and the employer has failed to take all reasonable steps to prevent it.

For too long, workers have been expected to absorb often abusive or inappropriate behaviour from customers as an unfortunate part of the job. That should never be the price of earning a living.

There is no single checklist that will suit every employer. What is reasonable will depend on the organisation and the risks involved. The Equality and Human Rights Commission has published updated guidance, including advice on risk assessments, training and preventing third-party harassment. Employers should use this as a starting point, rather than wait for a complaint to force action.

Businesses also need to be honest about the gap between written policy and lived experience. Do employees feel safe speaking up? Are complaints taken seriously, whoever is involved? And are senior leaders prepared to challenge behaviour by valuable clients or high-performing colleagues?

The Employment Rights Act does not change the definition of sexual harassment. What it changes is the standard of prevention expected from employers, and the consequences of failing to act. My view is simple: compliance should be the minimum, not the ambition. A respectful workplace is one where people are protected in practice, every day – not just reassured on paper after something has gone wrong.

Liam Entwistle is a Partner, Wright, Johnston & Mackenzie LLP