Would you be able to demonstrate you have taken all reasonable steps to prevent it happening?

Jennifer is a new graduate who joins the marketing team. What starts as seemingly harmless comments from a senior colleague gradually develops into unwanted behaviour, exclusion, and a failure by management to act. This fictional scenario highlights how workplace sexual harassment can arise and looks into what employers must do to meet their legal responsibilities.

Jennifer, a 24-year-old graduate, joins a marketing team. During her first few months, a senior colleague, David, frequently comments on her appearance during team meetings, saying things like:

“You’ll have clients eating out of your hand looking like that.”

“You should wear that dress more often.”

“Don’t worry, Jennifer can charm anyone.”

Jennifer laughs awkwardly at these comments because doesn’t want to appear difficult, and no-one else tries to stop David.    At a work social event, David repeatedly places his arm around Jennifer’s shoulders, places his hand on her lower back and suggests that they should meet up later just the two of them.   Jennifer politely declines and moves away.

Over the next few weeks, David persists, suggesting that he can influence Jennifer’s upcoming pay review in her favour. Jennifer remains polite but continues to decline his advances. Over the next few weeks, David becomes less supportive at work and excludes Jennifer from client meetings.

Jennifer reports the behaviour to her manager who responds, “David doesn’t mean anything by it, he’s from a different generation, just try not to take it personally.”

Nothing further is said. However, several months later, another employee reports similar behaviour by David.

Legislation

Under the Worker Protection (Amendment of Equality Act 2010) Act 2023, employers have a legal duty to take reasonable steps to prevent sexual harassment in the workplace (and with changes from the Employment Rights Act 2025, from October 2026, employers will need to take all reasonable steps).  This includes harassment by third parties.

Actions:

What steps should Jennifer’s employer have taken?

  • Ensure they have in place a clear Anti-Harassment or Sexual Harassment Policy
  • Train employees and managers on appropriate workplace behaviour
  • Provide confidential reporting channels
  • Investigate all complaints promptly
  • Take action to prevent further incidents
  • Assess risks around work-related social events

Prevention is a legal duty, not just good practice.  Training alone is not enough and employers must demonstrate they have actively assessed risks and taken appropriate prevention measures.

 

Lessons Learned:

  • Sexual harassment is not limited to physical contact, jokes, comments, messages and any unwanted attention should not go uncorrected.
  • Employees have the right to raise concerns without fear of retaliation.
  • Witnesses to sexual harassment should challenge inappropriate behaviour and support colleagues.
  • Managers should never dismiss complaints as ‘banter’. They should take every concern seriously, act promptly and objectively, keep records and follow procedures.

Core takeaway:

Sexual harassment is about the impact of unwanted behaviour, not the intent behind it.   Creating a respectful workplace requires everyone – employees, managers, and employers – to take responsibility for prevention and intervention.

Make sure you have a clear sexual harassment policy and have taken all the reasonable steps detailed above to prevent sexual harassment in your workplace. If you need to coordinate some training sessions in your workplace, Gravitate HR can tailor sessions for you to encourage good working practices aligning to your duty of care for employees in the workplace.  If you need advice or would like some more information, please contact your account manager or book a free 20 min call – Gravitate HR with no obligation.