With the new positive duty on employers to prevent sexual harassment in the workplace coming into effect on 26 October 2024, the Equality and Human Rights Commission (EHRC) has released updated guidance to help businesses navigate this important change.
The new duty introduces a clear legal expectation for employers to take all possible reasonable steps to prevent sexual harassment, reinforcing the need for proactive measures in the workplace.
Here are some key takeaways from the EHRC’s updated technical guidance:
Key Points from the Guidance:
- Risk Assessments Are Essential: Employers must conduct a thorough risk assessment to identify potential areas where harassment could occur. Without this, compliance with the new duty may not be achievable.
- Eight-Step Prevention Guide: The guidance now includes a concise eight-step guide for employers, offering a practical summary to help prevent sexual harassment at work.
- New Preventative Duty vs. Reasonable Steps Defence: The updated guidance clarifies that the new preventative duty is separate from the reasonable steps defence in harassment cases. Employers now have an active responsibility to prevent harassment, though the exact differences between the two are not exactly specified.
- Scope of the Preventative Duty: This duty applies strictly to sexual harassment and does not extend to other types of harassment related to protected characteristics or cases involving less favourable treatment for rejecting or submitting to unwanted conduct.
- Objective Test for ‘Reasonable Steps’: Whether an employer has taken reasonable steps to prevent harassment will be evaluated on a case-by-case basis, considering the specific facts and circumstances.
- Third-Party Harassment: While employees cannot bring a stand-alone claim for harassment by third parties, such as clients or customers, the duty still requires employers to take reasonable steps to prevent sexual harassment from occurring by third parties in the workplace.
Ready to Take Action?
This is a critical time for businesses to assess their current policies and procedures. Employers need to make sure they’re prepared for the changes ahead- starting with implementing the right measures to prevent sexual harassment.
Book on Our Workshops!
We are running exclusive workshops now to help you understand the implications of the new duty and equip your management team with the tools they need to ensure compliance.
Need expert guidance now?
Please feel to get in touch for a confidential chat about how we can support your organisation.

Holly Mapstone is an HR expert and specialises in helping those of you in the SME sector with all of your HR needs.
Consultancy allows Holly to be agile and to adapt her style and support to suit the needs of her clients. Building strong working relationships allows Holly to deliver improvements, while also aligning people strategy to business outcomes and promoting resilient and positive cultures.
Need Advice?
If you need a hand with any of this, or anything else when it comes to the people and practices in your business, we’d love to help. We are always happy to debate the pros/cons, dos/don’ts with you so please do talk to us if we can help in any way, we are here to support you. Just give us a call and arrange a free consultation. You can talk to Alison directly on 07967 221595 or email info@enlightenhr.com