A Legal Guide for Employers, HR and Business Owners

The legal expectations on employers around sexual harassment have tightened significantly. Under the Employment Rights Bill, organisations are now under a proactive duty to prevent sexual harassment, not simply respond after the event.

This shift has placed HR, leadership teams, and business owners under direct scrutiny. A sexual harassment risk assessment is now one of the most important tools employers can use to demonstrate compliance, reduce legal risk, and protect their workforce. Download our risk assessment here!

What Is a Sexual Harassment Risk Assessment?

A sexual harassment risk assessment is a structured process used by employers to identify, evaluate, and reduce the risk of sexual harassment occurring in the workplace or in connection with work.

It helps employers to:

• Identify high-risk roles, environments, and behaviours
• Assess exposure across employees, contractors, and third parties
• Review workplace culture, policies, leadership, and reporting mechanisms
• Implement preventative measures before incidents occur

Under the Employment Rights Bill, a documented risk assessment is key evidence that an employer has taken reasonable and proactive steps to prevent sexual harassment.

Why Sexual Harassment Risk Assessments Are Now a Legal Priority

The Employment Rights Bill Explained

The Employment Rights Bill introduces a statutory duty on employers to prevent sexual harassment. This means employers must be able to show that they anticipated risks and acted in advance.

Courts and tribunals are increasingly critical of organisations that:

• Rely solely on written policies
• Wait for complaints before taking action
• Fail to train staff and managers
• Cannot evidence preventative steps

Judges are already recommending sexual harassment training in tribunal decisions, and mandatory requirements are expected. Employers who fail to act now may find themselves non-compliant.

Employer Responsibility Now Extends Beyond Employees

One of the most significant developments is the expanded scope of liability.

Your duty to prevent sexual harassment now extends to:

• Employees
• Contractors and freelancers
• Agency and on-site workers
• Third parties, including customers, clients, and visitors

This expansion increases both risk and administrative responsibility. Employers must now assess where staff interact with third parties and what safeguards are in place.

A sexual harassment risk assessment allows employers to:

• Identify third-party harassment risks
• Put reporting and intervention mechanisms in place
• Demonstrate reasonable preventative action if an incident occurs

NDAs Can No Longer Be Used to Manage Risk

Historically, some organisations relied on non-disclosure agreements (NDAs) to quietly resolve sexual harassment complaints.

That approach is no longer viable.

With NDAs increasingly restricted and discouraged:

• Errors escalate quickly
• Claims become public
• Reputational damage can be immediate
• Financial and legal exposure increases
• HR decisions face closer scrutiny

Prevention is now the only sustainable risk management strategy.

What Should a Sexual Harassment Risk Assessment Include?

A compliant sexual harassment risk assessment should cover multiple areas of organisational risk.

Working Environment Risks

Employers should assess:

• Workplace culture, including “banter” or casual sexism
• Lone working and night shifts
• Isolated or unsupervised roles
• Alcohol at work-related events
• Access to premises by third parties

These factors significantly increase the likelihood of harassment.

People at Greater Risk

Employers must consider whether certain groups are disproportionately exposed, including:

• Women
• LGBTQ+ employees
• Disabled workers
• Migrant and young workers
• Other marginalised or underrepresented groups

Risk assessments should evaluate:

• Accessibility of reporting mechanisms
• Availability of anonymous reporting
• Additional support for those less likely to raise concerns

Failure to consider these factors may expose employers to discrimination claims.

Sexual Harassment Outside the Workplace

Sexual harassment linked to work does not have to occur in the office.

Risk assessments should cover:

• Work social events
• Off-site meetings and conferences
• Informal gatherings involving alcohol
• Whether attendance is mandatory or implied

Clear behavioural standards must apply wherever work-related activities take place.

Management and Power Structures

Harassment risks increase where power is unchecked.

Employers should assess:

• Strong hierarchies and power imbalances
• Lack of diversity in leadership
• Managers’ ability to handle complaints appropriately
• Reliance on informal reporting
• How allegations against senior leaders are handled

Tribunals increasingly examine organisational culture, not just individual incidents.

Historical and Live Risk

Employers should analyse:

• Previous sexual harassment complaints
• Patterns or trends over time
• Whether investigations were impartial
• Whether employees were discouraged from reporting

Unresolved or repeated issues significantly increase legal liability.

Preventative Measures and Training

Risk assessments must be supported by:

• Regular culture or climate surveys
• Ongoing sexual harassment prevention training
• Clear disciplinary consequences
• Regular reviews of policies and practices

Training is now viewed as a core preventative control.

Why Sexual Harassment Training Is Essential

Policies and risk assessments alone are not enough.

Courts and government guidance increasingly expect employers to provide effective sexual harassment prevention training that:

• Explains what sexual harassment is and how it occurs
• Covers third-party harassment
• Trains managers to respond lawfully and sensitively
• Reinforces a zero-tolerance culture
• Creates an auditable record of compliance

Our Sexual Harassment Prevention E-Learning Course is designed to support employers in meeting their obligations under the Employment Rights Bill.

How Often Should a Sexual Harassment Risk Assessment Be Reviewed?

Best practice and emerging legal expectations require employers to:

• Review risk assessments at least quarterly
• Update them following complaints or incidents
• Reassess after organisational or workforce changes
• Track progress against identified actions

Regular review demonstrates genuine commitment to prevention.

Sexual Harassment Risk Assessments: Key Takeaways for Employers

• Sexual harassment prevention is now a legal duty
• Responsibility extends to contractors and third parties
• NDAs are no longer a reliable risk management tool
• Courts expect proactive prevention, not reactive responses
• Risk assessments and training are critical evidence of compliance
• Employees can now be personally liable, but as long as you’ve done your part

Employers that act now are far better placed to protect their workforce, reduce legal exposure, and demonstrate compliance with the Employment Rights Bill.

For organisations looking to strengthen their preventative approach, sexual harassment prevention training is an essential next step. Book a short demo here!