Advo HR Consultant, Michelle McHugh, takes a closer look at employer’s duty to prevent workplace sexual harassment one year on after the new ground breaking  legislation was introduced.

It has now been a year since the Worker Protection (Amendment of Equality Act 2010) Act 2023 came into effect in October 2024 – introducing a new statutory duty on employers to take reasonable steps to prevent sexual harassment in the workplace.

This legislation represented a significant shift in employer responsibility. Previously, employers could be held liable after an incident occurred if they failed to take reasonable steps to prevent it. Now, the law goes further and there is an active duty to proactively prevent harassment before it happens.

What We Have Seen in Practice

Over the past year, Advo have seen a noticeable increase in sexual harassment cases being raised, not only through formal complaints, but also in the form of early-stage grievances and informal concerns. This demonstrates that awareness of the issue is growing, but also highlights that some employers are still catching up with what’s required under the new duty.

It is also extremely important to remember that any allegations of sexual harassment must be investigated objectively and not assumed to be proven. Even a well-intentioned but incomplete or mishandled investigation can hugely undermine trust and expose an employer to costly risks.  We have seen this happen in the recent case of Mr Joe Tobin v William Hill Organization Limited, whereby an executive was dismissed following an allegation of sexual harassment made by a colleague during a trip to a pub in Soho.  While his employer genuinely believed Mr Tobin was guilty of sexual harassment in the workplace, the tribunal found the internal investigation was flawed as William Hill did not request CCTV footage, there was a lack of corroborating evidence, and the process of gathering evidence was biased toward the Mr Tobin’s version. The tribunal ruled that Tobin’s dismissal was unfair, not gross misconduct and William Hill was found to be in breach of contract, including failing to pay him notice pay.  He was awarded nearly £70,000 in damages.

What Employers Should Be Doing

With the festive season fast approaching, now is a perfect time to revisit this topic. The run-up to Christmas often brings more social events, parties, and informal gatherings, all of which can blur the boundaries of workplace behaviour.  While these occasions are a great opportunity for team connection and celebration, they can also be a flashpoint for inappropriate conduct if expectations haven’t been made clear.

Employers are responsible for preventing sexual harassment that occurs in the course of employment, and they have a responsibility to set the tone to ensure that everyone understands what constitutes acceptable behaviour, both in and outside the workplace – including at the work Christmas party.

If you haven’t yet taken steps to meet your obligations under the Worker Protection Act, now is the time to:

• Review your sexual harassment and equality policies;
• Conduct a risk assessment to identify where issues could arise;
• Provide training for all staff and managers; and
• Foster a culture of respect and open communication.

Taking these steps not only reduces legal risk but also helps to create a safer, more inclusive workplace for everyone.

At Advo, our HR consultants can support you in developing compliant policies, delivering workplace training, and support to ensure you meet your legal duties.

If you would like to discuss how Advo can help you strengthen your approach to preventing workplace harassment, please get in touch with our team.