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.
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:
We provide strategic, practical advice tailored to your organisation’s size, sector, and risk profile:
Policy & Procedure Development
Risk Assessment & Compliance
Training & Culture Change
Investigation & Response
Why Choose Us?
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:
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:
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:
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.
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Thomas Flavell & Sons Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA ID: 620030) · Registered Company in England & Wales. Registered address Church Walk, Hinckley LE10 1DN. Company No: 08882394 · VAT Reg. No: 207 0095 44. We would like to make you aware of the Online Dispute Resolution website for advice on resolving online disputes. If we refer to the term 'partner' or 'member' at any time during your matter this means a 'Director' of the company. A list of Directors is available at the registered address.
