One in five UK managers have no training on sexual harassment, despite being the first people employees turn to

New data reveals a significant vulnerability in UK workplaces, with one in five managers lacking formal training on sexual harassment, despite often being the first point of contact for affected employees. This critical gap in readiness comes at a precarious time for businesses, as the Worker Protection (Amendment of Equality Act 2010) Act 2023, which came into force on 26 October 2024, imposes a new proactive duty on employers to take reasonable steps to prevent sexual harassment. The legislation significantly elevates the stakes, introducing potential compensation uplifts of up to 25% for employers found in breach of this preventative duty. This article explores the implications of this new legal landscape, highlighting the urgent need for comprehensive manager training and robust preventative measures to mitigate escalating legal and reputational risks.

The landscape of workplace conduct in the United Kingdom has undergone a significant shift, placing a heightened onus on employers to actively prevent sexual harassment. Recent findings, however, expose a concerning disconnect between legal expectations and organisational preparedness: a substantial proportion of UK managers, approximately one in five, have not received specific training on sexual harassment. This statistic is particularly alarming given that managers are typically the initial recipients of harassment complaints, making their lack of training a critical vulnerability for both employees seeking recourse and businesses striving for compliance.

This deficiency in managerial training is set against the backdrop of the Worker Protection (Amendment of Equality Act 2010) Act 2023, which commenced on 26 October 2024. This pivotal legislation introduces a proactive duty on employers to take 'reasonable steps' to prevent sexual harassment in the workplace, moving beyond a reactive approach to incidents. The implications for non-compliance are severe, including potential financial penalties and reputational damage. This article will delve into the statutory framework, analyse the practical requirements of the new duty, and underscore the imperative for businesses to invest in comprehensive training, particularly for their managerial ranks, to navigate this evolving legal environment successfully.

The legal framework governing sexual harassment in the UK workplace has historically been anchored in the Equality Act 2010. Under this Act, sexual harassment is defined as unwanted conduct of a sexual nature that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment for them. Employers can be held vicariously liable for acts of sexual harassment committed by their employees in the course of employment, irrespective of whether they had knowledge or approved of the actions. A defence is available if the employer can demonstrate that they took 'all reasonable steps' to prevent the employee from engaging in the unlawful act.

However, the existing protections under the Equality Act 2010 were deemed insufficient to proactively tackle the pervasive issue of workplace sexual harassment. This led to the enactment of the Worker Protection (Amendment of Equality Act 2010) Act 2023, which came into force on 26 October 2024. This Act introduces a new, mandatory duty on employers to take 'reasonable steps' to prevent sexual harassment of their employees. This represents a significant shift from a reactive to a proactive obligation, requiring employers to anticipate and mitigate risks before incidents occur. The Equality and Human Rights Commission (EHRC) and Acas have subsequently updated their guidance to assist employers in understanding and complying with this new preventative duty.

The core of the new 'preventative duty' under the Worker Protection (Amendment of Equality Act 2010) Act 2023 is the requirement for employers to take 'reasonable steps' to prevent sexual harassment. While the Act itself does not exhaustively define 'reasonable steps', guidance from Acas and the EHRC provides crucial insights. These steps are understood to include conducting regular risk assessments specific to the workplace, implementing clear and comprehensive anti-harassment policies, establishing transparent reporting procedures, and providing mandatory training to all staff, with particular emphasis on managers.

The reported lack of sexual harassment training among one in five UK managers directly undermines an employer's ability to demonstrate that it has taken 'reasonable steps'. Managers are often the first point of contact for employees experiencing harassment and are instrumental in implementing policies, conducting initial investigations, and fostering a safe workplace culture. Without adequate training, managers may fail to recognise harassment, respond inappropriately, or mishandle complaints, thereby exposing the employer to significant liability. Such failures can lead to successful claims in employment tribunals, where compensation can be uplifted by up to 25% if the preventative duty is found to have been breached. Furthermore, the EHRC has powers to take enforcement action against non-compliant employers.

While the 2023 Act, in its final form, did not reintroduce direct employer liability for third-party harassment (e.g., by customers or clients), the EHRC's technical guidance still advises employers to take reasonable steps to prevent such harassment. This nuance is important for practitioners, as a failure to address third-party harassment could still lead to claims of constructive dismissal or, if the failure is linked to a protected characteristic, direct harassment by the employer. Looking ahead, the proposed Employment Rights Bill 2024, expected around April 2026, aims to strengthen this further by requiring employers to take 'all reasonable steps' to prevent third-party harassment, indicating a continuous tightening of employer obligations.

Case law under the Equality Act 2010 has consistently shown that employers who fail to provide adequate training or implement effective policies struggle to mount a 'reasonable steps' defence. For instance, tribunals often scrutinise the effectiveness of training, not just its mere existence. If training is outdated, infrequent, or not tailored to specific roles (like managers), it may not be considered 'reasonable'. The new proactive duty raises the bar, demanding not just a defence against liability, but demonstrable preventative action. The current data suggests a significant gap between this legal expectation and the reality on the ground, leaving many businesses exposed.

The new preventative duty under the Worker Protection (Amendment of Equality Act 2010) Act 2023 marks a watershed moment for employers in the UK, demanding a proactive and robust approach to preventing sexual harassment. The revelation that a substantial number of managers lack specific training on this critical issue presents a clear and immediate risk for businesses. Without adequately trained managers, who are often the frontline in addressing workplace issues, organisations are ill-equipped to meet their legal obligations, leaving them vulnerable to increased compensation awards and enforcement action by the EHRC.

For legal practitioners, the message is clear: advising clients on comprehensive compliance strategies is no longer optional but imperative. This includes urgent review and update of anti-harassment policies, conducting thorough workplace risk assessments, and critically, implementing mandatory, regular, and tailored training programs for all staff, with a particular focus on equipping managers with the skills and knowledge to identify, prevent, and respond effectively to sexual harassment. Employers must foster a culture of zero tolerance and ensure clear, accessible reporting mechanisms are in place. Failure to act decisively now will not only expose businesses to significant legal and financial repercussions but also damage employee trust and organisational reputation in an increasingly scrutinised environment.