Employer Toolkit: Preventing Workplace Harassment

Since October 2024, employers have been required to take proactive steps to prevent sexual harassment in the workplace.

From 30 October 2026, this duty is further expanded under the provisions of the Employment Rights Act 2025. After that date, employers may also find themselves liable for acts of harassment (not limited to sexual harassment) committed by third parties towards their own workers, unless they have taken ‘all reasonable steps’ to prevent it. A third party will include any clients, customers, visitors, patients, service users, suppliers and contractors with whom a worker comes into contact in the course of their employment.

This duty to take ‘all reasonable steps’ is extremely wide ranging and goes beyond merely having policies and procedures in place. Our new toolkit helps employers to meet these obligations.

To support you navigate this change, we have two options available for you to choose from:

Option 1:

Discussion with a member of the Birketts employment team to discuss how the changes to harassment legislation impacts your organisation.

A template risk assessment for you to tailor and apply to all parts of your organisation and standard template prevention of harassment policy.

Fixed fee – £750 plus VAT

Option 2:

Option 1 and following the risk assessment being completed:

A concise report containing an explanation of your organisation’s obligations under the preventative duty, steps you should take now, pointers for handling complaints and recommendations.

Fixed fee – £2500 plus VAT

Preventing Harassment Training

In addition to the toolkit, our specialist employment law trainers can provide training on the preventative duty to your staff and senior managers and our HR Consultancy service can help support the culture change.

Training on the duty to prevent harassment (Senior Leaders & Senior Managers) – 2 hours

Understanding the workplace situations which would meet the current definition of harassment (including third party harassment): with a focus on some less discussed examples e.g. work whatsapp chats, unwanted discussions about sex lives, sexual rumours etc.
Understanding how the legislation has strengthened employer’s obligations.
Considering what steps employers should take to comply (in light of EHRC guidance): particularly what risk assessing your workplace means and how to properly assess the risks from third parties.
A consideration of how the duty will impact upon your sector – considering a health and safety style approach to risks of harassment.
Consideration of how managers will have to handle complaints and deal with third parties – tying in with your organisation’s procedures.
A case study on a nuanced harassment scenario – e.g. someone being treated poorly after rebuffing a sexual advance (with a particular focus on how silence can be just as damaging here).

This can be delivered in person (which is our preference given the nature of the topic and the level of interaction we like to generate). However, it can also be delivered remotely via Teams (our trainers are adept at generating an in-person style discussion online).

Workshops for staff on preventing workplace harassment (in light of the extended duty) – 60-90 minutes

Understanding the legal definition of harassment – including a focus on some less well understood examples e.g. work whatsapp chats, unwanted discussions about sex lives, sexual rumours etc.
Understanding when to report instances of harassment and the process which will be followed by your organisation.
A case study on a nuanced harassment scenario – someone being treated poorly after rebuffing a sexual advance (with a particular focus on how silence can be just as damaging here).
An introduction to bystander intervention.

Again in person and online options are available in respect of these workshop sessions.

Please speak to a member of the Birketts employment team or email preventingsexualharassment@birketts.co.uk if you have any questions or would like to discuss the toolkit in more detail.