More and more companies are waking up to the fact that issues like sexual harassment, bullying, and discrimination aren’t just moral or legal headaches—they’re real business risks. These problems can tank a company’s reputation, kill productivity, and make attracting or keeping talent tough.
Yet, despite this growing awareness, we keep seeing headlines about sexism, misogyny, and harassment in workplaces around the world.
New “positive duty” laws have been introduced in Australia and the UK to transform workplace culture. These positive duty laws represent a major cultural shift. Instead of just reacting to incidents of workplace sexual harassment and sex discrimination, companies are now required to actively prevent these behaviors from happening in the first place. This shift from reactive to proactive is crucial if we’re serious about creating workplaces where people genuinely feel safe and respected. However, the real challenge is meeting these obligations of positive duty in a way that fosters long-term cultural change.
This article explores how organizations can help meet these positive duty obligations and create safer workplaces.
Workplace Sexual Harassment in the UK
Recent statistics reveal that sexual harassment remains a prevalent issue in UK workplaces.
A 2023 poll from the Trades Union Congress revealed that 60% of women have experienced harassment at work. In addition:
- 43% of women have experienced at least three incidents of sexual harassment
- 45% of those women say that it had had a detrimental impact on their mental health
- 18% left their job as a result
Alarmingly, the poll found that less than one in three (30%) of women who say they experienced sexual harassment at work told their employer about what was happening – and only two in five (44%) of those being bullied and half (50%) experiencing verbal abuse report it.
Some of those who didn’t report it felt they would not be believed or taken seriously (39%). Others thought reporting it would negatively impact their work relationships (37%) or their career prospects (25%).
UK Workers Protection Act: Positive duty to prevent workplace sexual harassment
Effective 26 October 2024, the Worker Protection Act introduces a positive duty for UK employers to prevent workplace sexual harassment. This proactive duty requires employers to identify potential risks and implement reasonable measures to mitigate them, shifting the focus from reactive responses to preventive strategies.
Enforcement of this duty falls under the Equality and Human Rights Commission, which can investigate suspected breaches and impose penalties. Additionally, employment tribunals may increase compensation by up to 25% if an employer is found to have failed in their preventative obligations.
Meeting Positive Duty obligations: Key actions for organizations
The positive duty obligation requires practical, proactive measures that go beyond a policy update.
The Equality and Human Rights Commission has updated its technical guidance to incorporate the new positive duty and provide employers with information about how to meet their responsibilities. Recommended actions include conducting risk assessments, implementing an anti-sexual harassment policy for the workplace, establishing safe reporting mechanisms, ensuring fair and thorough investigation processes, and providing training for all employees on workplace sexual harassment.
Here are some key steps organizations should take to drive meaningful cultural change and ensure compliance.
1. Brief the board and senior leaders on Positive Duty.
The Australian Institute of Company Directors recommends that businesses engage experts to conduct briefing sessions for boards and senior management on positive duty. This knowledge empowers leaders to champion a proactive approach to preventing harassment across the organization.
2. Engage workers to identify risk factors.
Businesses should consult directly with employees to effectively prevent workplace sexual harassment. Gathering insights from workers can help identify specific circumstances or areas that may increase the risk of harassment, allowing organizations to tailor their prevention strategies.
3. Set clear standards of behavior.
Develop a respectful workplace behavior policy that is clear, accessible, and consistently communicated. This policy should educate all employees, including leaders and managers, on expected standards of behavior, clarify what constitutes unlawful conduct and its consequences, and outline everyone’s rights and responsibilities.
4. Build a ‘speak up culture’.
One of the biggest challenges in addressing workplace issues is underreporting. Many stay silent out of fear, thinking the issue isn’t serious enough or lacking trust in HR. That’s why fostering a strong speak-up culture is essential: when employees feel safe to raise concerns, leaders can address issues early.
Offering multiple reporting channels, including anonymous options, helps encourage reporting. I recently launched SafeSpace@elevate, Australia’s first trauma-informed reporting and support platform, to empower employees to speak up and allow organizations to mitigate risks early.
5. Develop a Prevention and Response Plan.
Identifying risks is only the beginning—businesses need a clear prevention and response plan. Outline specific measures to prevent incidents from occurring and establish an effective response protocol should an incident arise.
6. Invest in quality education and training.
Comprehensive, ongoing training for all staff, including leadership, is essential. Quality training ensures everyone understands their obligations, fosters a culture of safety, and helps build trust.
7. Adopt an intersectional approach.
Intersectional discrimination is a key driver of workplace sexual harassment, as it reveals how multiple aspects of a person’s identity—such as race, ethnicity, sexual orientation, and disability—intersect to create unique challenges. For instance, a woman who is also a migrant and LGBTQI+ may face compounded discrimination, impacting her experience and access to support.
An intersectional approach allows organizations to create inclusive, tailored measures that go beyond one-size-fits-all solutions. This ensures that policies and support systems address the varied and nuanced needs of all employees.
About the Author:
Prabha Nandagopal
Prabha, founder of Elevate Consulting Partners and SafeSpace@elevate, is a leading human rights lawyer. Prabha played a key role in developing the new Australian positive duty to eliminate workplace sexual harassment and discrimination and was a senior legal advisor to the Respect@Work National Inquiry in 2020.
