You may already be familiar with the Equality Act 2010, which puts the onus on employers to keep things harassment-free (including sexual harassment) in the workplace. But until now, this duty has been seen by many as more of a "tick box" exercise instead of something to be taken more seriously – throw together some policies, run a training session here and there, thinking their job is done and they have things covered. Well, not anymore and rightly so.

So, what's new?

1) New Duty to Prevent Sexual Harassment - For the first time, businesses will be legally required to take active, reasonable steps to prevent sexual harassment before it happens – not just react once it does. Exactly what "reasonable" looks like is going to depend on the circumstances, but it’s clear you’ll need to be proactive. No more passive policies; this is about creating real change 🙌🏼

2) Hefty Fines - If you don’t act, it could cost you. Compensation for harassment claims can now be bumped up by 25% if your business hasn’t done enough to prevent it.

3) The Enforcers Have More Power -  The Equality and Human Rights Commission (EHRC) is getting a power boost, enabling them to investigate and take action against employers failing to comply with the new rules. Think court orders, binding agreements, and a lot more hassle if you fall short.

4) Third-Party Harassment - While the law still doesn’t formally cover harassment by third parties (e.g. clients, contractors, collaborators), the EHRC guidance makes it clear: businesses should be thinking about it and putting steps in place to mitigate it. For the creative sector, where interaction with third parties is a given, whether it’s on a film set, in a design or games studio, or working with external contractors, this is super important.

What Does This Mean for Your Business – And What Should You Do Next?

A common question that gets raised here is "How do we know if we’re doing enough?".

On 26th September 2024, the Equality and Human Rights Commission (EHRC) published updated technical guidance for employers on the steps they can take to prevent sexual harassment in the workplace. Some of the actions recommended to employers in the guidance include:

• Developing and widely communicating a robust anti-harassment policy, which includes third party sexual harassment
• Undertaking regular risk assessments to identify where sexual harassment may occur and the steps that will be taken to prevent it
• Being proactively aware of what is happening in the workplace and any warning signs, by engaging with staff through 1-2-1s, surveys and exit interviews
• Monitoring and evaluating the effectiveness of actions.

In line with this, we've pulled together a quick checklist to help you get on top of things:

☑ Assess the Risks - Identify where the risk of harassment could arise. Is there an imbalance in power or gender representation? Are there specific teams or environments where inappropriate behaviour is more likely? Have any concerns been raised in the past?  Consider who your employees interact with – whether it's clients, contractors, or other third parties – and where potential vulnerabilities lie. It would be good practice to run staff surveys and exit interviews to help you understand where any potential issues are and whether any steps you may already be taking are working.

☑ Address the Gaps - Address any gaps with clear preventive measures. This could include improving oversight in higher-risk environments, increasing supervision, or even shifting team dynamics where necessary, together with following the check points below. The goal here isn’t just to minimise the risks but to actively eliminate them wherever possible, fostering a safer, more inclusive workplace culture.

☑ Train, Train, Train! - One training session five years ago won’t cut it anymore. Regular, engaging and relevant training for all levels of employees is key – tailored to different roles and refreshed often.

☑ Revisit Your Policies: If your anti-harassment policies are sitting untouched (or buried in an email from 2020), now’s the time to update them. They need to be clear, practical, in line with legislation, reflective of any risks identified and well-communicated. It's important that you review these regularly as well, ideally annually.

☑ Make Reporting Easy: Employees need to know how to report any concerns they may have, and it should be straightforward, accessible, and confidential. Where you have remote or hybrid working in place, ensuring this process works for employees without face to face contact is a must. 

☑ Monitor and Improve: This isn’t a one-off exercise. Keep an eye on what’s working and what isn’t. Regular reviews and adjustments to your approach are essential.

For businesses in the creative industries, this new legislation couldn’t be more relevant. High-profile sexual harassment cases have dominated the headlines in recent years, and now is not the time for complacency. With public scrutiny mounting and reputational risks at an all-time high, creative companies need to be on their toes. What’s more, your workplaces often involve complex third-party interactions – whether that’s external collaborators, clients, freelancers, or contractors. It’s crucial these relationships don’t fall through the cracks when it comes to harassment prevention.

Beyond the legal obligations, today’s workforce is different. The new generation of talent is more tuned in than ever to workplace culture and psychological safety. They’re not just hunting for jobs – they’re seeking environments where they feel safe, respected, and valued. This generation expects employers to create spaces where people can speak up without fear, and where equality is truly embedded in the company’s culture. If you want to attract and keep top talent, it’s time to embrace this shift. The upcoming legislation isn’t just about meeting new legal requirements – it’s an opportunity for businesses to show they’re committed to creating a safer, more inclusive workspace. Those who prioritise psychological safety and invest in improving their culture will have a competitive edge in the race for exceptional talent. Not only is it the right thing to do, but it’s also a smart business move.

In the past, HR policies have often been written, tucked away, and forgotten until something goes wrong. But this new legislation changes everything. HR is no longer just a back-office function – especially for creative industries. It’s stepping into the spotlight as a driving force for cultural change within businesses. The message is loud and clear: employers can no longer sidestep HR’s role in creating safe, inclusive workplaces. This law demands businesses actively prove they’re serious about preventing harassment, not just ticking a box. Policies on paper won’t cut it anymore – companies need to demonstrate real, meaningful action to build fair and equitable environments for their teams. And HR is the key to making that happen.

Need help navigating these changes? We’re here to guide you through it all with less stress and a lot more confidence.

We offer training programmes designed specifically around this legislation that can be rolled out to leadership teams or staff at all levels. Remember, a safe, harassment-free workplace isn’t just about ticking legal boxes – it’s good for business, your people, and your reputation.



Reach out using the button below to chat and see how we can help you step up your game.