Harassment – Get out of jail free

Is your workplace full of laughs… until someone takes offence? Here’s why that could now cost your business dearly.

From October 2024, a major shift in UK employment law comes into force, and it puts businesses firmly in the firing line.  The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces a positive legal duty on employers to prevent sexual harassment at work.

This isn’t just another policy update. It’s a fundamental change in your responsibilities as an employer, moving from a “wait and see” approach to “prove you’ve prevented it.”

And if you’re thinking, “That doesn’t apply to us – we’re like a family,” think again. It’s precisely those informal, close-knit cultures that are most likely to overlook the early warning signs.

You Never Know When You’ll Need a Get Out of Jail Free Card

Here’s the bottom line: if a harassment claim hits your business, your only real defence will be to prove you took “all reasonable steps” to prevent it.

Think of it like a Get Out of Jail Free card – except you have to earn it before a complaint arises.

Without that, you could face:

• Tribunal claims and expensive settlements
• Damaging headlines or social media exposure
• Time-draining investigations
• Demoralised teams and broken trust

The fallout can be huge!

What’s Changed in the Law?

Until now, the law focused on how employers reacted to harassment after it happened.

The new duty flips that, and from October 2024, employers must be able to show they took proactive steps to prevent sexual harassment in the first place.

The Equality and Human Rights Commission (EHRC) will be able to enforce this new duty, and if you’re found to have failed, employment tribunals can award up to 25% more in compensation.

So unless you’ve got good evidence of action, you’re exposed.

• “It’s Just Banter”
• “We’re just having a laugh.”
• “They didn’t say anything at the time.”
• “We’re all friends here.”

Sound familiar?  These are phrases we hear from tribunals, grievance investigations and disciplinary hearings all the time!  In a legal context, banter is not a defence.

Tribunals have consistently ruled that so-called jokes can amount to unlawful harassment, especially where they relate to sex or any other protected characteristic.

What felt harmless at the time could later be evidence in a tribunal bundle.

So what Counts as “All Reasonable Steps”?

If you want that Get Out of Jail Free card ready to play, here’s what the law expects:

✅ A clear, easy-to-understand anti-harassment policy, not just legal jargon

✅ A harassment risk assessment – review your workplace culture, environment, and job roles for potential risks

✅ Regular staff training, not just an induction tick box

✅ Managers who model respectful behaviour

✅ A confidential complaints process, clearly signposted

✅ Early intervention in low-level behaviours before they become serious issues

These steps aren’t just about ticking boxes – they build a culture where people feel safe, respected, and more likely to stay.

How We Can Help

We specialise in helping businesses get this right.

Our support toolkit includes:

• Harassment training for leaders and decision makers
• A guide for managers on handling harassment claims
• Updated Harassment and Bullying Policy
• Risk assessment Tool
• Harassment flowchart

As part of the risk assessment process, we can undertake culture audits to spot risks and strengthen your workplace.

We’re practical, experienced and understand how businesses work.

Don’t Wait Until Someone Complains

The law is changing. The bar is rising. And the risks are real.

But if you take the right steps now, you can:

• Stay compliant
• Build a stronger culture
• Protect your people and your business

Contact us today for a free consultation to discuss how we can support you in getting that ‘Get out of jail free’ card!

Tel: 0845 838 2607 or Email: liz@originpeople.co.uk