Protecting staff from sexual harassment: a new legal duty for social housing providers  

From 26 October 2024, a significant change in UK employment law came into force under the Worker Protection (Amendment of Equality Act 2010) Act 2023. Employers, including those in the social housing sector, now have a positive legal duty to take reasonable steps to prevent sexual harassment of their employees in the course of their employment.  

This new duty marks a shift to a proactive responsibility. It requires employers not only to respond to incidents of harassment but to anticipate and mitigate risks before they occur. Crucially, this includes harassment by third parties, such as tenants, contractors, or members of the public who interact with staff as part of their roles.   

For social housing providers, this change is particularly relevant. Staff often work in tenants’ homes, community spaces, or public-facing roles, where the risk of third-party harassment may be heightened. While the legislation does not currently allow employees to bring standalone claims against employers for third-party harassment, the Equality and Human Rights Commission (EHRC) has certain powers of enforcement, and a failure to meet this duty could still result in indirect or direct discrimination claims, reputational damage, and increased compensation awards.   

The EHRC has published updated technical guidance to help employers meet this new duty. Recommended actions include:  

1. developing and communicating robust anti-harassment policies, explicitly covering third-party harassment 

2. conducting regular risk assessments to identify where harassment may occur  

3. training managers and staff to recognise and respond to inappropriate behaviour 

4. creating safe reporting mechanisms and ensuring complaints are taken seriously.   

At Birketts, our employment law specialists support social housing organisations in navigating these changes. We offer clear, proactive advice to help mitigate the risk of claims and ensure compliance with the Equality Act 2010. Our services include:  

• reviewing and updating policies and procedures 

• delivering tailored training for managers and frontline staff 

• advising on complex discrimination and harassment cases  

• supporting organisations in implementing our Prevention of Sexual Harassment Toolkit, designed to help employers meet their new obligations effectively.  

Sexual harassment can have a devastating impact on individuals, affecting their mental health, job performance, and overall wellbeing. For employers, the consequences of failing to act can be severe, including unlimited compensation awards and lasting reputational harm.  

Social housing providers have a duty of care not only to their tenants but also to their employees. By taking proactive steps now, organisations can foster a safer and more respectful working environment, demonstrating a clear commitment to protecting their people.  

At Birketts, our specialist employment law trainers have been delivering Prevention of Sexual Harassment Training in person and virtually to a range of clients, with particular emphasis on understanding how this new proactive duty impacts in a social housing context. This includes consideration of where risks can lie, who is exposed to such risks and what the industry’s “third parties” are, e.g. tenants, service users, vulnerable individuals, contractors, as well as the general public. We can offer a customised focus for managers and employees, tailoring the training to be relevant to their specific role and workplace.  

As one of our shaping excellence trainers, Maaike Wall, notes:  

“Having delivered our Prevention of Sexual Harassment Training to numerous clients in the public and private sectors, it is clear that the potential benefits to employers within the social housing sector are significant. 

Our training really helps an employer to discharge the new employer duty. This is particularly relevant in a sector where exposure to third-party risk is so high, but also where the NHF specifically task a provider to put inclusivity issues front and centre of their strategy and operations. Furthermore, it also serves to educate, empower and energise employees by demonstrating a real commitment to their safety and wellbeing.  Through bespoke case studies, tailored examples and life-like scenarios, the training can be used to familiarise staff with the relevant policies, encourage bystander intervention and feed into a risk-assessment exercise to identify and mitigate risk in a very real sense.” 

For more general information, specific advice, or to access our toolkit, please don’t hesitate to contact Birketts’ employment team or visit birketts.co.uk.