Creating a Safe and Respectful Workplace
Sexual harassment in the workplace is not only unacceptable - it’s unlawful. Employers now have a proactive legal duty to prevent sexual harassment and foster a safe, inclusive working environment. At Thomas Flavell & Sons, we help businesses meet their obligations, manage risk, and promote a culture of dignity and respect.
Your Legal Responsibilities
Under the Equality Act 2010, sexual harassment is defined as unwanted conduct of a sexual nature that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
As of 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces a preventative duty on employers to take reasonable steps to stop sexual harassment before it occurs.
Failure to comply may result in:
- Enforcement action by the Equality and Human Rights Commission (EHRC)
- Increased compensation awards at Employment Tribunal (up to 25%)
- Reputational and financial damage
How We Support Employers
We provide strategic, practical advice tailored to your organisation’s size, sector, and risk profile:
Policy & Procedure Development
- Drafting and updating anti-harassment policies
- Integrating sexual harassment guidance into staff handbooks
- Ensuring policies cover third-party harassment (e.g. clients, customers)
Risk Assessment & Compliance
- Conducting workplace risk assessments
- Identifying high-risk environments and roles
- Advising on reasonable preventative steps
Training & Culture Change
- Delivering training for staff and managers on harassment awareness
- Supporting leadership in promoting zero-tolerance culture
- Advising on communication strategies and internal reporting mechanisms
Investigation & Response
- Advising on handling complaints and investigations
- Supporting grievance and disciplinary procedures
- Mitigating legal risk and resolving disputes
Why Choose Us?
- Specialist employment law expertise
- Up-to-date advice aligned with the latest legislation
- Sector-specific support for regulated industries, SMEs, and large employers
- Discreet and sensitive handling of complex issues
Document Downloads
Frequently Asked Questions
We aim to make employment law as simple and stress-free as possible. Alongside our personal guidance, our FAQ section answers common questions that may arise in relation to employment law.
Sexual harassment is defined under the Equality Act 2010 as unwanted conduct of a sexual nature that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. It can be verbal, physical, written, or visual.
You must take reasonable steps to prevent sexual harassment. As of October 2024, the Worker Protection Act introduces a proactive duty to prevent harassment, not just respond to it. Failure to comply can lead to enforcement action and increased compensation awards.
Reasonable steps may include:
- Having a clear anti-harassment policy
- Providing regular training to staff and managers
- Conducting risk assessments
- Creating safe reporting mechanisms
- Taking swift action when complaints arise
Yes. Employers can be held liable for harassment by third parties if they fail to take reasonable steps to prevent it, especially if they are aware of previous incidents.
You should:
- Take the complaint seriously and act promptly
- Follow your grievance or harassment procedure
- Conduct a fair and confidential investigation
- Protect the complainant from retaliation
- Consider disciplinary action if the complaint is upheld
Yes, if the incident is connected to work (e.g. at a work event, social gathering, or online platform used for work), you may still be liable.
Consequences include:
- Employment Tribunal claims
- Compensation awards (potentially increased by 25%)
- EHRC enforcement action
- Reputational damage and loss of staff trust
At least annually, or whenever there are legal changes or internal incidents. Regular reviews help ensure your approach remains effective and compliant.
Yes, but they must be handled carefully. Settlement agreements should not be used to silence victims or avoid accountability. Legal advice is essential to ensure fairness and compliance.
Yes. The duty to prevent harassment applies to all employers, regardless of size. Smaller businesses may need tailored support to meet their obligations effectively.
Employment Lawyer Near Me
Enquiry Form
Fill out the form below and we’ll be in touch to book an appointment for you. Or feel free to call us directly - Hinckley office: 01455 610747 or Leamington office: 01926 887700.
