Sexual harassment in the workplace is prohibited under the Equality Act 2010, which defines it as unwanted conduct of a sexual nature that either violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive working environment. This definition captures a wide range of behaviours, from inappropriate comments to serious physical misconduct. It highlights not only the personal harm it can cause but also the organisational risks when such behaviour is not addressed.
In recent years, sexual harassment has received greater public and regulatory scrutiny, with the UK government introducing the Worker Protection (Amendment of Equality Act 2010) Act 2023. From October 2024, employers must comply with a new legal duty to take reasonable steps to prevent harassment, shifting expectations toward proactive prevention rather than reactive management.
Kingfisher Professional Services works closely with employers to help them understand their legal duties, develop effective preventative strategies, and manage concerns with clarity and confidence. Our expertise ensures businesses are not only compliant but also fostering environments where staff feel respected, protected, and able to thrive.
Understanding Sexual Harassment at Work
Sexual harassment rarely happens in isolation. It often reflects deeper cultural or structural issues in the workplace. Understanding what sexual harassment is, and why it occurs, is essential for employers who want to build a safer and more respectful culture.
What Constitutes Sexual Harassment?
Sexual harassment is any unwanted conduct of a sexual nature, regardless of whether it was intended to offend. What matters is the effect the behaviour has on the individual. This includes spoken comments, gestures, physical actions, digital communication, and implied or explicit sexual references. It can occur between colleagues, managers, contractors, clients, or any individuals interacting in a work-related context.
Unwanted conduct may include persistent remarks about a person’s appearance, sexual jokes that create an uncomfortable atmosphere, or invasive questions about someone’s personal life. It may involve attempts to initiate physical contact, subtle forms of coercion, or invasive behaviour that intrudes on someone’s personal boundaries. Even seemingly “minor” actions, such as repeatedly standing too close or sending inappropriate images, can amount to harassment when they contribute to a hostile environment.
Why It Happens and the Impact
Sexual harassment thrives in conditions where power imbalances go unchecked, where inappropriate behaviour is minimised, or where employees lack safe avenues to report concerns. A workplace culture that tolerates sexist jokes, dismisses early warning signs, or lacks strong leadership accountability can inadvertently enable harassment.
The personal impact on employees can be profound. Individuals may experience anxiety, depression, loss of confidence, or long-term psychological harm. Their performance may decline as they struggle to navigate a work environment that feels unsafe. For some, the only viable option becomes resigning, leading to loss of talent and institutional knowledge.
For employers, the consequences can escalate quickly. Investigations, grievances, and tribunal claims can consume significant time and resources. Reputational damage may deter customers and potential employees, and a workplace culture perceived as unsafe may lead to high turnover, absenteeism, and disengagement. Effective prevention is not only a legal duty; it is fundamental to maintaining trust, morale, and organisational integrity.
Legal Responsibilities of Employers
Employers must understand the legal framework governing workplace harassment to ensure they meet their obligations. Compliance is not simply a matter of policy; it requires active, ongoing commitment.
The Equality Act 2010
The Equality Act places responsibility on employers for discriminatory or harassing behaviour carried out by employees in the course of their employment. This is known as vicarious liability, and it applies even when the employer did not know about the behaviour. To defend themselves, employers must demonstrate that they took reasonable steps to prevent harassment from occurring.
Employees are protected wherever the harassment takes place, whether at the office, working remotely, online, or at conferences, social events, and work-related gatherings. If an employee feels that their dignity has been violated or that their working environment has been affected by unwanted conduct, employers must take the concern seriously and act promptly.
New Legal Duty: Prevention Obligation from October 2024
The Worker Protection Act strengthens employer duties by requiring a proactive approach. Rather than relying solely on responsive policies, employers must now show that they have taken steps to actively prevent harassment before it occurs.
This includes ensuring that staff are trained regularly, that managers understand their responsibilities, and that policies remain up to date and relevant. Employers may face increased compensation awards if they fail to comply with this duty. Regulators and tribunals will expect to see evidence of genuine, consistent action such as visible anti-harassment culture-building, documented training programmes, and clear communication channels for reporting.
The new prevention duty underscores the importance of making respect and dignity fundamental, measurable parts of workplace culture rather than compliance-driven afterthoughts.
How to Prevent Sexual Harassment at Work
Preventing harassment requires a multi-layered strategy that integrates policy, communication, leadership, and employee awareness. A workplace that actively prevents harassment is one where expectations are clear, trust is strong, and concerns can be raised without fear.
1. Develop and Communicate a Clear Anti-Harassment Policy
A well-crafted policy is essential. It must define what constitutes sexual harassment, outline examples relevant to the organisation, and convey a firm zero-tolerance stance. Beyond definitions, the policy should explain how complaints will be handled, the support available, and the organisation’s commitment to confidentiality and fairness.
However, a policy has little value if employees do not know it exists or feel unsure how to access it. Employers should ensure it is visible, easy to understand, and regularly communicated, not just during onboarding but throughout an employee’s time with the organisation. When consistently reinforced, policies become cultural touchpoints, shaping expectations and guiding behaviour.
2. Train Employees and Managers Regularly
Training is a legal expectation and a cultural necessity. Effective training goes beyond basic e-learning modules. It encourages reflection, helps employees recognise subtle forms of harassment, and equips them to respond constructively. For managers, training should include how to identify early signs, handle disclosures sensitively, and take appropriate action.
Interactive training fosters understanding and accountability. By integrating scenarios based on real workplace situations, employers help staff consider how their behaviour affects others and what they should do if they witness or experience harassment. Training that is updated regularly demonstrates the organisation’s ongoing commitment to prevention.
3. Build a Respectful Workplace Culture
Culture shapes behaviour. When leaders demonstrate courtesy, fairness, and professionalism, employees are more likely to follow suit. Encouraging open dialogue, celebrating diversity, and addressing inappropriate comments or behaviour early can help set a strong tone.
A respectful culture is reinforced when employees feel psychologically safe, able to voice concerns without fear of retaliation or judgement. When staff trust that concerns will be taken seriously, harmful behaviour is less likely to escalate.
4. Conduct Risk Assessments and Monitor
Employers should consider where and how harassment risks may arise. For example, isolated working arrangements, high-pressure environments, or male-dominated teams may present higher vulnerability. Anonymous surveys or regular check-ins offer valuable insight into employee experiences and can highlight problems before they escalate.
Monitoring is not a one-time exercise. Reviewing data such as grievances, complaints, or exit interview feedback provides early warning signs of issues requiring attention. A commitment to continuous improvement demonstrates genuine dedication to creating a safe workplace.
Responding to Complaints: Best Practice Steps
Responding appropriately to sexual harassment complaints is critical, both for the individuals involved and for overall organisational trust. A mishandled complaint can discourage others from coming forward and may expose the employer to legal risk.
Creating a Safe Reporting Environment
Employees must be able to report concerns with confidence. This means ensuring confidentiality, offering multiple channels through which concerns can be raised, and reassuring staff that retaliation will not be tolerated. Consistent messaging from leadership about the importance of speaking up is essential.
A sensitive approach to initial disclosures is crucial. Employees may feel anxious, vulnerable, or unsure of how their report will be handled. A calm, empathetic response helps build trust and ensures individuals feel heard and respected.
Investigating Allegations Properly
A fair investigation is the foundation of any proportionate response. Investigators must remain neutral, avoid assumptions, and ensure all parties have the opportunity to present their account. Gathering evidence may involve interviews, reviewing messages or emails, and examining relevant workplace records.
Timely communication is also vital. Complainants and respondents should be kept informed of progress, expected timescales, and next steps. Clear, consistent communication helps maintain confidence in the process.
Taking Disciplinary or Remedial Action
Once the investigation is complete, employers must decide on an appropriate response. This may range from informal guidance to formal warnings, disciplinary action, or dismissal in serious cases. The severity of the action should reflect the evidence gathered and the organisation’s policies.
Employers also need to consider measures to support the individuals involved and prevent recurrence. This might include additional training, adjustments to working arrangements, or changes to team structures. A well-considered response not only addresses the immediate concern but strengthens future prevention efforts.
How Kingfisher Professional Services Can Help
We support organisations in building safe, compliant and respectful workplaces by offering clear guidance, expert oversight and practical advice. While organisations remain responsible for their own policies and internal processes, we help employers understand what robust prevention and effective response truly require. Our services include:
- Expert advice on drafting and reviewing anti‑harassment and dignity at work policies that clearly set expectations and outline fair, compliant procedures.
- Guidance and tutoring for managers and HR teams on recognising concerns early, responding sensitively to disclosures, and applying appropriate next steps with confidence.
- Tailored harassment‑prevention training for employees and leaders, ensuring organisations meet their duty to take reasonable steps and embed a culture of respect.
- Impartial support with investigations, helping employers gather evidence, assess facts and document decisions in a fair and structured manner.
- Ongoing employment law advice for complex, sensitive or high‑risk cases, enabling employers to act promptly while reducing the risk of legal challenge.
Our consultants combine practical HR expertise with strong knowledge of UK employment law and best practice. By partnering with Kingfisher, employers can strengthen compliance, improve workplace culture and maintain confidence that harassment risks are being managed responsibly.
Conclusion
Sexual harassment undermines safety, dignity, and trust within the workplace. With the strengthening of UK legislation from October 2024, employers have an even greater responsibility to take proactive steps to prevent harmful behaviour. Clear policies, regular training, strong leadership, and a supportive culture are essential components of an effective prevention strategy.
By acting early, responding fairly, and demonstrating a commitment to respect and inclusion, organisations can protect their people and reduce the risk of legal or reputational damage. Kingfisher Professional Services is ready to support employers in meeting these responsibilities and fostering workplaces where dignity and professionalism are upheld as core values.