26 October 2025 marks one year since the proactive duty to prevent sexual harassment took effect, representing a significant shift in the legal landscape for UK employers. This is a critical milestone, and now is the time for all organisations—especially those operating internationally—to rigorously assess their compliance and their commitment to a safe, inclusive workplace.
The Proactive Duty: Shifting Focus from Redress to Prevention
The duty requires employers to take reasonable steps to prevent sexual harassment among their staff. This legislation fundamentally reorients the focus from solely offering redress after harassment occurs to active prevention and protection.
A key aspect of this duty is its scope: it covers harassment not only between employees but also by third parties such as clients, customers, and suppliers. While the ability for employees to bring claims against employers specifically for third-party harassment is currently limited, this is a known gap that is expected to close (see below).
Taking meaningful, documented steps to prevent sexual harassment is not just about meeting legal and regulatory compliance; for an international organisation, it demonstrates a commitment to global best practice and supports a universally inclusive and positive workplace culture.
Enforcement and Increased Awareness
The first year of this duty has seen a rising tide of awareness, signaling that the pressure on employers is mounting.
Legal and Regulatory Action
Enforcement of the proactive duty has two main avenues:
- Employment Tribunal Uplift: If an employee wins a sexual harassment claim, a Tribunal can increase the compensation awarded by up to 25% if it finds the employer failed to meet their duty to take reasonable preventative steps. While reported decisions explicitly linking this duty to compensation are not yet public, we anticipate this will change soon.
- Context of Risk: Even without the uplift, compensation in successful claims is significant. The highest UK Tribunal award in 2023-2024 (pre-duty) was already over £995,000 in a sex discrimination case.
- Regulatory Intervention: The Equality and Human Rights Commission (EHRC) holds strong enforcement powers. The recent, well-publicised legal agreement with a major retailer—which failed to take reasonable preventative steps demonstrates the EHRC’s willingness to step in, mandate corrective action, and actively monitor compliance.
The Rise in Concern
The increase in public and professional concern is undeniable. Acas has reported a significant 39% rise in sexual harassment-related enquiries in the first half of 2025, underscoring that awareness and the expectation of action have increased dramatically among the working population.
What’s Coming Next: Preparing for Stricter Requirements
Organisations must look ahead, as the legal framework is set to become significantly more demanding. The anticipated Employment Rights Bill, expected to become law shortly, will introduce substantial new responsibilities, primarily coming into force from October 2026:
| Future Change | Details |
| A Tougher Duty | The required standard will escalate from “reasonable steps” to “all reasonable steps.” This will necessitate a comprehensive, demonstrable approach, including formal risk assessments, fully documented action plans, mandatory staff training, and clear, accessible complaint procedures. |
| Third-Party Liability | Employers are expected to become liable if an employee is harassed by a third party (e.g., a customer or client) during their employment, provided the employer failed to take all reasonable steps to prevent it. This will cover harassment on any protected ground, not just sexual harassment. |
| Whistleblowing Protection | From April 2026, disclosures about sexual harassment will gain protection under whistleblowing law, provided they meet the protected disclosure criteria. |
| NDA Restrictions | The Bill will also make most non-disclosure agreements (NDAs) and confidentiality clauses unenforceable if they attempt to prevent workers from making allegations or disclosures about harassment or discrimination. |
Your HR Action Plan: It’s Not Too Late to Achieve Full Compliance
If your organisation has not yet achieved full compliance with the proactive duty, there is still time to act and mitigate future risk, especially given the transition to the “all reasonable steps” standard.
We recommend developing a robust, structured action plan:
The 4-Step Compliance Cycle
- Gather Information: Audit your current preventative measures. What policies, training, and reporting mechanisms are already in place?
- Review Culture and Risk: Conduct a thorough, objective risk assessment to pinpoint where sexual harassment risks are likely to arise in your specific operational context. The EHRC guidance is clear: a risk assessment is foundational to compliance.
- Implement an Action Plan: Use the findings of your risk assessment to implement targeted, practical measures to mitigate identified risks (e.g., targeted training for high-risk roles or locations).
- Plan a Rolling Review: Establish an annual cycle for reviewing the effectiveness of your policies, procedures, and training. The risk assessment itself must be revisited annually to ensure your plan remains effective and proportionate to your business environment.
For Those Already Compliant
The EHRC guidance stresses ongoing evaluation. You must:
- Reassess the effectiveness of your existing measures.
- Consider if changes in your workplace (e.g., new working models, expansion) require additional reasonable steps.
- Repeat the risk assessment annually, updating your action plan as needed.
How 1Diversity International Can Help
As global experts, we provide comprehensive services to help your organisation not only meet these tightening legal requirements but also embed a culture of respect across all jurisdictions:
- Practical Guidance: Expert support in conducting EHRC-aligned risk assessments and navigating evolving compliance requirements.
- Targeted Training: Bespoke online training for staff, focusing on building an inclusive culture, and specialist training for managers and leadership on fulfilling their proactive duties.
- Workplace Reviews: Confidential staff surveys to assess experiences and perceptions of workplace harassment and hostile environments.
- Investigator Training: Programs to equip HR and internal teams to handle sexual harassment investigations effectively, fairly, and confidentially.
- Policy and Procedure Reviews: Ensuring your documentation is robust, legally sound, and aligned with global best practice standards.
Is your organisation prepared for the shift to “all reasonable steps” in 2026?
