The current duty in Great Britain
Section 1 of the Worker Protection (Amendment of Equality Act 2010) Act 2023 inserted section 40A into the Equality Act 2010. From 26 October 2024, employers must take reasonable steps to prevent sexual harassment of their employees in the course of employment. It applies in England, Wales and Scotland, not Northern Ireland. The duty is proactive: a workplace should assess risk and act before waiting for a complaint. The EHRC technical guidance explains its scope and practical implications.
‘Reasonable steps’ depends on the organisation and risks. A policy that nobody knows how to use, a one-off training slide and a complaints mailbox that never responds are unlikely to be an adequate approach simply because they exist on paper. The EHRC suggests assessing risks, consulting staff, setting a clear policy, training, handling complaints and reviewing actions. This guide describes law and support, not a fixed compliance checklist or advice on an individual tribunal claim.
What counts as sexual harassment
Section 26(2) of the Equality Act 2010 defines sexual harassment in Great Britain as unwanted conduct of a sexual nature with the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. It has been operative since the Equality Act's relevant commencement in 2010. The effect is assessed in statutory context, including the person's perception and whether it is reasonable for the conduct to have that effect. A joke, message, image or repeated comment can be considered; it does not require physical contact.
The employer preventive duty and an individual's harassment claim are related but distinct. A worker need not use the term ‘kink’ or disclose private interests to explain unwelcome conduct. Conversely, someone’s sexuality, clothing or participation in a consensual private community does not waive workplace boundaries. The consent guide discusses interpersonal choice; employment law addresses rights, employer responsibility and remedies under its own tests.
Prevention includes third-party risks
The EHRC says the preventive duty includes foreseeable sexual harassment by third parties such as clients, customers, patients or contractors. Employers should assess work settings and take reasonable preventive steps, for example improving reporting routes, supervision and responses to incidents. That does not mean the current 2024 duty itself creates a new freestanding private claim for every third-party act. The legal route and an employer's liability for a specific event need case-specific advice.
Employers should respond to a report seriously, explain confidentiality limits, consider immediate protection against further contact, investigate fairly and avoid retaliation. A worker should not have to confront the person alone or continue an unsafe assignment while an employer decides whether an incident fits a policy label. Acas provides practical guidance on preventing harassment and on handling complaints. A local union representative may also help.
Enforcement, claims and the possible uplift
The EHRC can take enforcement action over breach of the section 40A preventive duty in Great Britain. Under section 124A of the Equality Act 2010, an employment tribunal considering a successful sexual-harassment claim must consider a preventive-duty breach and may increase compensation by up to 25%. The uplift is conditional, not automatic, and is not a standalone payment simply for a poor policy. The provisions have applied since 26 October 2024.
A worker contemplating a tribunal claim should obtain individual advice quickly because employment claims can have strict time limits, and Acas early conciliation may be relevant in Great Britain. A complaint to HR, a police report and a tribunal claim have different purposes; one does not necessarily replace the others. Keep relevant messages, dates, witnesses and responses securely and do not publish allegations or intimate material. Citizens Advice, a union, Acas or an employment solicitor can explain options in the relevant nation.
A further change is scheduled later this month
Section 20 of the Employment Rights Act 2025 would strengthen the Great Britain preventive duty from ‘reasonable steps’ to ‘all reasonable steps’. Section 21 provides for new third-party harassment liability under specified conditions. Acas states these changes are due from 30 October 2026. The government implementation timetable and Acas confirm 30 October 2026 as the start date, so these changes are not yet operative on this page’s checked date.
An employer can prepare now by reviewing risks and controls, but a worker should distinguish the law at the date of an incident from a planned later standard. Commencement or transitional regulations may affect application; check legislation.gov.uk and updated EHRC/Acas guidance near the date. This site does not predict the result of a future case. The existing reasonable-steps duty already requires action and should not be postponed until the scheduled amendment.
Northern Ireland is a separate system
The Worker Protection Act 2023 amendments to the Equality Act 2010 extend and apply to England, Wales and Scotland. They do not create the same section 40A duty in Northern Ireland. Northern Ireland has distinct equality and employment legislation, advice bodies and tribunal procedures. A person facing sexual harassment at work there should contact the Equality Commission for Northern Ireland, Advice NI, a union or a Northern Ireland employment solicitor for the applicable route.
Do not interpret this distinction as permission for harassment in Northern Ireland. It means a Great Britain statute cannot be copied into an NI complaint as though its provisions applied there. If work involves several nations, a lawyer can consider where the employee works, employer arrangements and the proper tribunal. The law hub explains why UK-wide shorthand can hide differences; this particular guide is about workplace law, not criminal sexual-offence definitions.
How to raise a concern safely
If safe, note what happened, when, where, who saw it and any messages or previous reports. Read the employer's policy and consider an internal report to a manager, HR or another named contact; ask about immediate steps, confidentiality and protection from retaliation. If the person usually receiving complaints is involved, seek an alternative route. Acas explains grievance and support options. You can seek independent advice before making a formal complaint, especially if you fear losing hours, a reference or a placement.
An employer should listen without assuming that a report must describe a physical assault or a repeated pattern. If there is an immediate threat, call 999. Where a criminal offence may have occurred, the police route is separate from the employment process. A person affected by image abuse may also need a platform takedown: the removal guide covers that distinct process. Support from a GP or mental-health service may be useful without waiting for an investigation to finish.
What to do if your manager is harassing you
If the manager who normally receives complaints is involved, use an alternative contact named in the employer's policy, such as HR or another senior manager. Acas advises keeping a secure note of dates, messages and witnesses and seeking help from a trade union representative if you are a member. You can raise a formal grievance if the matter is too serious for an informal approach or that approach has not resolved it. You do not have to confront the manager alone.
For England, Wales and Scotland, contact Acas about employment options and the Equality Advisory and Support Service about equality rights and support. EASS does not provide legal advice. Acas's time-limit guidance, checked on 15 October 2026, says most claims concerning problems before 1 October 2026 have a three-month-minus-one-day limit; most concerning problems on or after that date have six months minus one day. The incident dates and claim type matter. A grievance does not extend the deadline; timely notification to Acas can pause it for early conciliation. Get advice promptly rather than calculating a deadline alone.
Northern Ireland has separate employment law and tribunal procedures. Use the Equality Commission for Northern Ireland and local employment advice rather than assuming the Great Britain deadlines or Acas route apply. If there is immediate danger, call 999; employment reporting and reporting a crime are separate choices.
Common questions about the duty
Does the law require a complaint before prevention begins? No. Is any written policy automatically enough? No; reasonable steps depend on risk and action. Does the EHRC enforce the duty? Yes in Great Britain. Is a 25% uplift automatic? No; it depends on a successful qualifying tribunal claim and the tribunal's assessment. Is ‘all reasonable steps’ already the rule on 15 October 2026? No, Acas says that stronger wording is scheduled for 30 October.
Does the Great Britain duty apply in Northern Ireland? No; seek local equality-law advice. Does an employer's duty replace reporting a crime? No. Could a customer cause a risk the employer must address? Yes, the current preventive duty includes foreseeable third-party sexual harassment, while the later liability rules have their own commencement. What if the employer has not responded? Keep records and seek Acas, union, Citizens Advice or solicitor guidance promptly.
UK workplace advice and support
In England, Wales and Scotland, Acas offers guidance, and the EHRC publishes the technical duty. In Northern Ireland, use the Equality Commission and local advice services. A union, Citizens Advice or employment solicitor can help assess a specific workplace situation. UK help lists wider support, and 999 is for immediate danger.
For relationship language, see consent, boundaries and consent violations; workplace claims still have their own statutory tests.
Check the live legislation and Acas updates if reading after 15 October 2026, especially around the scheduled 30 October change. A worker's legal options, deadlines and evidence depend on individual facts. This guide is legal information, not legal advice.