Background

Managing sexual harassment in the workplace is critical for maintaining a respectful and safe environment. Failure to address harassment properly or mishandling such matters can have severe consequences, including claims from both victims and perpetrators.

Under the Equality Act 2010, sexual harassment not only covers unwanted conduct of a sexual nature that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. It covers unwanted conduct which occurs because someone has either rejected or submitted to such unwanted conduct and is treated less favourably as a result. It doesn’t have to be intended or deliberate for it to be classified as sexual harassment.

Since 26 October 2024, employers have carried a proactive legal duty to take reasonable steps to prevent sexual harassment of their staff. This is not a duty to respond well after something has gone wrong. It is a duty to have anticipated the risk and acted before it happens, and for clubs running licensed bars and matchday events, this risk profile can be significantly increased and creates a working environment that is unlike a typical office.

Facts and recent changes

The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force on 26 October 2024, introducing section 40A into the Equality Act 2010. It requires every employer to take reasonable steps to prevent sexual harassment of employees during the course of their employment. The duty applies irrespective of an organisation's size or resources, though a tribunal will take size and resources into account when deciding what counted as reasonable.

Failure to comply with the duty does not create a standalone tribunal claim. However, where an employee succeeds in a sexual harassment claim and the tribunal finds the employer breached the preventative duty, it has discretion to increase the compensation awarded by up to 25 percent. Since there is no statutory cap on compensation for discrimination or harassment claims, that uplift applies to an already uncapped figure.

Two further changes took place in 2026. From 6 April 2026, a report of sexual harassment automatically counts as a protected disclosure under whistleblowing law, meaning a worker who raises a concern, even informally, gains protection from detriment and dismissal connected to that report. From October 2026, the duty itself strengthens. "Reasonable steps" becomes "All reasonable steps", a materially higher bar, and liability extends to harassment carried out by third parties, including customers, clients, and contractors. For a club, that means spectators, members, and visiting club staff, not just employees or fellow volunteers.

A useful illustration comes from Hunter v Lidl Great Britain Limited. The tribunal found that:

• A young employee had been sexually harassed by a colleague over an extended period.
• Managers at the store were unaware of the company's own anti-harassment policy.
• No risk assessment had been carried out.
• The business had relied on staff to raise complaints before taking any action.

Because of these errors it was found that no reasonable steps had been taken by the business. The claimant was awarded £50,884. That case was decided before the 2023 Act came into force, so no uplift applied. Under today's law, that same pattern of an unenforced policy and no risk assessment is exactly what the 25 percent uplift exists to penalise.

Why this matters to your business

Clubs combine several risk factors in one place. Alcohol, a mix of paid staff and volunteers, and public or member access to social spaces on matchdays. That combination sits well outside the profile of a typical small business office, yet many clubs’ approach harassment prevention with the same light-touch policy that a small office might rely on.

The third-party liability change is due to come in to force in October 2026 which raises the stakes even further. Bar staff, stewards, and coaching staff dealing with spectators and visiting teams currently sit outside the direct scope of the preventative duty where the harasser is not an employee. From October 2026, that gap closes, and a club's exposure extends to include the conduct by people it does not employ at all.

There is also a funding and governance dimension. National governing bodies and funding partners increasingly expect clubs to evidence safeguarding and welfare standards as a condition of grants and accreditation, in much the same way they now expect sound employment paperwork. A harassment or sexual harassment prevention policy that exists but has never been embedded, tested, or communicated is one of the easiest gaps for an assessor, or a tribunal, to identify.

Common misconceptions

 "We're a small club or organisation, so this duty doesn't really apply to us"

Incorrect. The duty applies to every employer regardless of size or number of staff. A tribunal will factor in a club's size and resources when judging what counts as reasonable, but that affects the standard expected, not whether the duty applies at all.

"No one has complained, so we're clearly doing enough"

Incorrect. A lack of complaints is not evidence of compliance. The Equality and Human Rights Commission can investigate and take enforcement action against an employer without an incident of harassment having taken place or a tribunal claim being brought.

"We have a policy in the staff handbook, so we're covered"

Partially incorrect. A policy that managers and volunteers are not actually aware of, and that is never backed by training or a risk assessment, is close to the exact pattern found in the Lidl case. From October 2026 the bar will rise even further to include "all reasonable steps” and will be extended to “harassment carried out by third parties”, including customers, clients, and contractors. A dormant policy alone will not satisfy this even if it includes the changes in law.

"This is only about how staff treat each other"

From October 2026, liability extends to harassment by third parties, including customers, spectators, members, and visiting club staff, not just employees. These liability risks have increased substantially and need to be acted upon quickly.

Act now

Review who in your club, paid or volunteer, deals directly with members, spectators, and visiting teams, and check whether your current policy has ever been communicated, trained on, or tested against a real risk assessment.

We have created a useful tool (sexual harassment compliance checklist) to support you to take the actions you need. Click below for immediate access.

If you are concerned about these changes or if you are unsure about whether you have what your business needs in place, we are here to help. Swap uncertainty and reactivity, for confidence and proactive action today.

Claire Bruce, HR Consultant