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September 24, 2026

HR Issues – Sexual harassment in the workplace – Do you know your responsibilities?

This article was written for SLTN and appeared in the September issue of their magazine. 

 

From 30 October 2026, the existing duty on employers to prevent sexual harassment will be strengthened, requiring employers to take all reasonable steps to prevent it. This is particularly relevant to hospitality businesses, where employees may also face increased risks of harassment from third parties such as customers, guests and suppliers.

First and foremost, a workplace free from sexual harassment is a legal requirement. With employees regularly interacting with customers, guests, suppliers and colleagues in fast-paced environments, employers should be taking proactive steps to ensure their workplaces are safe and respectful – also key to attracting, retaining and protecting a talented workforce.

Employers should also ensure they have robust policies and reporting mechanisms in place. A sexual harassment policy should clearly define unacceptable behaviour, explain how concerns can be reported, and set out how complaints will be investigated. Employees should have access to more than one reporting route, particularly where concerns involve their line manager.

Employers should ensure they know how to:

  • Conduct risk assessments
  • Implement and regularly review anti-harassment policies
  • Provide effective training to managers and staff
  • Have clear reporting and investigation procedures
  • Address risks associated with customers, guests, suppliers and contractors.

 

Senior leaders and managers must set clear expectations about behaviour, make everyone aware of company policies, and demonstrate that inappropriate conduct will not be tolerated. Employees are more likely to speak up when they believe concerns will be taken seriously and addressed promptly.

Supervisors and managers should be trained to recognise inappropriate behaviour, respond effectively to complaints, maintain confidentiality, and avoid actions that could be perceived as victimisation or retaliation. A poor response to a complaint will create greater legal complications for the business, and risks impacting employee relations far wider than the original incident.

In light of this, you should regularly assess any associated risk-factors such as late-night working, lone working, alcohol consumption, power imbalances, seasonal staffing and the use of temporary workers can all increase vulnerability to harassment. Risk assessments should identify these issues and consider appropriate preventative measures.

For the long term, businesses should focus on continuous improvement – this can be achieved by:

  • regularly reviewing and monitoring complaints data
  • analysing any trends and proactively address potential risk
  • seeking employee feedback
  • reviewing policies, and
  • providing regular training.

 

The goal should not simply be compliance, but the creation of a workplace where employees feel respected, supported and confident that concerns will be addressed fairly.

Preventing sexual harassment is an ongoing responsibility. Organisations that invest in their internal culture, staff training and effective reporting processes are better placed to protect their people, reduce legal risk and foster positive working environments.

 

If you have any questions on any of the issues raised in the above article, please contact Ruth Gladwell.

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Edinburgh
EH3 8HA