UK Workplace Harassment Law - What Employers Must Do

In April 2024, a significant update to UK employment law came into effect, requiring all UK employers to take proactive steps to prevent workplace harassment, with a particular emphasis on sexual harassment. 

These changes were introduced through the Worker Protection Act, amending the Equality Act 2010, and have wide-reaching implications for businesses of all sizes across England, Scotland, Wales, and Northern Ireland.

This article provides an in-depth overview of the new legal duty, explains what constitutes harassment under UK law, and outlines the practical steps employers must take to remain compliant and protect both their people and their reputation. 

A New Legal Obligation: The Preventive Duty

Under the revised Equality Act 2010, employers now have a preventative duty to take reasonable steps to prevent sexual harassment in the workplace. This represents a clear shift from reactive responses to a proactive model of protection.

Failure to comply with this legal obligation could result in a claim being brought before an employment tribunal, leading to financial penalties, reputational harm, and disruption to your workforce. The Equality and Human Rights Commission (EHRC) has also been granted new powers to enforce this duty.

According to ACAS, the UK’s leading employment arbitration service, taking reasonable steps includes ensuring that policies are in place, staff are trained, and there are confidential reporting channels.

What Counts as Workplace Harassment?

The Legal Definition

Harassment is defined in the Equality Act 2010 as unwanted conduct related to a protected characteristic that has the purpose or effect of:

• Violating a person's dignity
• Creating an intimidating, hostile, degrading, humiliating, or offensive environment

Protected characteristics include sex, race, age, disability, religion or belief, sexual orientation, gender identity, pregnancy and maternity, marriage and civil partnership, and gender reassignment.

The law makes it clear that even a one-off incident can qualify as harassment if it causes harm.

Types of Harassment

• Sexual harassment: Unwelcome behaviour of a sexual nature, including sexual advances, suggestive comments, inappropriate touching, or sharing explicit images.
• Third-party harassment: When the perpetrator is someone outside the organisation, such as a client, customer, or supplier.
• Workplace bullying: Repeated, targeted behaviour that humiliates or intimidates an employee, even if it is not tied to a protected characteristic.
• Victimisation: Treating someone unfairly because they made or supported a formal complaint or grievance procedure related to harassment.

Real-World Examples of Harassment

To better understand the law, it helps to consider actual workplace scenarios:

• An employee is repeatedly asked out on dates by a colleague after saying no - sexual harassment.
• A staff member is mocked for their accent and excluded from meetings - racial and discriminatory harassment.
• Inappropriate messages are shared in a team social media chat - harassment through digital platforms.
• A contractor makes lewd comments to a receptionist - third-party harassment.

In all of the above, the behaviour creates a hostile working environment, which breaches the law.

Your Legal Responsibilities as an Employer

UK employers must now show that they have taken reasonable steps to prevent harassment. This is not optional - it is a legal obligation.

The EHRC has published updated technical guidance to support employers. Here are the core actions you should take:

1. Review and Update Your Harassment Policy

Your anti-harassment policy should:

• Define the different types of harassment
• Include realistic examples
• State a zero-tolerance position
• Outline your grievance procedure and response times
• Make clear that disciplinary measures, including disciplinary action, will follow confirmed cases

Ensure the policy is easy to access and regularly reviewed.

2. Train Managers and Staff

Your line managers are the first point of contact in most cases. They must be properly trained to:

• Recognise harassment
• Handle complaints sensitively and promptly
• Refer cases for further action

Annual training should be extended to all staff, covering behaviour expectations, how to make a report, and legal definitions. Include updates on case law and emerging issues.

3. Create a Safe Way to Report Concerns

Use confidential and, ideally, anonymous reporting tools. Provide a helpline, encourage early disclosure, and guarantee no victimisation.

FaceUp is a market-leading platform that enables truly anonymous reporting of misconduct, including sexual harassment, workplace bullying and third-party abuse. It is fully customisable, easy to integrate, and aligns with your legal responsibilities under the Worker Protection Act.

With FaceUp, employers gain:

• A secure, GDPR-compliant reporting tool
• Real-time dashboards and analytics
• Custom workflows for internal follow-up
• Transparent documentation of actions taken

This makes FaceUp not just a reporting tool - but a complete compliance and culture-monitoring solution.

4. Take Prompt and Appropriate Action

Every case must be taken seriously. Even informal complaints may require appropriate action. If you determine there is a case, launch a formal investigation. Involve your HR, legal or compliance team and take proportionate disciplinary steps against the perpetrator.

If unresolved, the complainant may escalate the issue to an employment tribunal.

5. Conduct Risk Assessments and Monitor Culture

Regular risk assessments can help identify toxic team dynamics. Engage employees via surveys and exit interviews. Measure improvements over time. Link anti-harassment efforts with overall well-being, and health and safety strategies.

With FaceUp, you can send out anonymous feedback requests, gather insights on culture trends, and identify high-risk areas before they escalate into legal problems.

Compliance Resources and Support

To support your efforts, make use of these official tools and bodies:

• ACAS - Offers free templates, advice, and a code of practice on discipline and grievance
• Equality and Human Rights Commission - Provides technical guidance, downloadable resources and training support
• Gov.uk - For access to current legislation and updates to employment rights and employment law
• Trade unions - Can support workers and help mediate
• Helplines - Offer anonymous, impartial advice and emotional support

If in doubt, seek legal advice to avoid exposure to legal action or a harassment claim.

Why This Matters Now

Workplace harassment has serious consequences - not only legally, but also for employee trust, retention, and brand reputation. With greater media attention on sexual harassment cases at work in the UK, organisations cannot afford to be passive.

This new preventative duty means your company must take practical steps to prevent harm before it happens. It is no longer enough to react after a complaint. Employers who fail to comply risk reputational damage and legal consequences.

FaceUp helps businesses close the gap between policy and practice - turning legal obligations into consistent, trackable processes.

Final Thoughts - Prevention Is Protection

Preventing workplace harassment is now a core requirement under UK employment law. By adopting a proactive approach, updating your policies and training your staff, you not only meet your legal duty - you also build a workplace defined by dignity, respect, and fairness.

Start by reviewing your harassment policy, assessing your current culture, and setting up proper reporting mechanisms. Use the guidance available from the EHRC, ACAS, and FaceUp to stay compliant.

FaceUp is trusted by hundreds of organisations worldwide to deliver modern, ethical and legally sound reporting solutions. Whether you're a small business or a large enterprise, FaceUp equips you to meet your obligations and create a safer working environment.