Dealing with Sexual Harassment 

Guidance on dealing with sexual harassment came into legislation in October 2024. It was introduced to ensure employers address sexual harassment allegations immediately and in line with a clear policy, minimising the risk of an employee raising an employment tribunal claim. 

It is vital that a company fully investigates any allegation of sexual harassment to ascertain the facts, potentially following internal disciplinary procedures depending upon the evidence collected from the investigation. It is strongly recommended that you seek immediate advice from your HR Advisor at Stallard Kane if an allegation is presented.

April 2026

From April 2026, employees will have further whistleblowing protection when raising sexual harassment allegations to their employers; this will be in addition to raising concerns about health and safety or illegal activity. Whistleblowers would have protection from unfair treatment or detriment from an employer for raising allegations of sexual harassment, with an employer being at risk of an employment tribunal claim. 

October 2026

From October 2026, employers must ensure all steps to prevent sexual harassment are taken. 

These steps include:

• Developing an effective policy: this can be provided, supported and/or reviewed by your advisor at Stallard Kane 
• Engaging with employees: make employees aware of this new legislation and the steps the company is taking to prevent sexual harassment in the workplace
• Assessing reasonable steps to avoid risk: this could be in the form of a risk assessment detailing specific situations, which can be provided by Stallard Kane 
• Encouraging the reporting of any incidents: provide a clear pathway for employees to report any incidents regarding sexual harassment and a procedure for the company to follow to investigate any allegations 
• Completing and reviewing annual training: companies can decide what training works best for them, from e-learning to a documented toolbox talk; this should be reviewed annually 
• Reacting to a sexual harassment claim: ensure employees feel comfortable raising an allegation without fear of repercussion or unfair treatment; be clear, supportive and fair throughout the process to all employees involved 
• Reviewing any risk of harassment from third parties: all prevention measures must also include third parties such as sub-contractors, customers etc. The company should take all allegations of sexual harassment seriously, whether raised against an employee or a third party; from October 2026, if an employer were to ignore an allegation of sexual harassment against a third party, the employee would be able to raise an employment tribunal claim against the employer.
• Monitoring and reviewing any actions: the company must complete an annual review and monitor all anti-harassment policies, completing training to ensure all policies are fully understood by employees 

As always, it’s important for a Company to review all measures and policies regarding dealing with sexual harassment to remain compliant, provide a safe workplace and avoid employment tribunal claims. Contact your HR Advisor at Stallard Kane with any questions or to discuss available support. 

Take the next step in protecting your business and employees. Please don’t hesitate to contact your designated HR Advisor — we're here to help. For guidance, speak to your HR Advisor: hr@skaltd.co.uk | 01427 402 403

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