What high-profile cases teach us about the new duty to prevent

In recent years, headlines have repeatedly exposed stories of workplace harassment, shining a spotlight on environments where power imbalances and a lack of accountability have allowed harm to flourish. These stories are more than isolated incidents – they’re a wake-up call. They show us what can happen when organisations rely solely on reactive measures, addressing harm only after it has already occurred.

Now, with the new Worker Protection (Amendment of Equality Act 2010) Act in the UK, a fundamental shift is underway. Employers must no longer wait for complaints to arise; instead, they have a legal duty to actively prevent workplace harassment. This ‘duty to prevent’ represents a new era in workplace culture, where safety, respect and accountability aren’t just aspirations but requirements.

High-profile cases like those against Mohammed Al Fayed in the UK and Perfection Fresh in Australia illustrate the importance of this shift. They teach us that a proactive approach to workplace safety isn’t just beneficial – it’s essential.

What these cases teach us about proactive prevention

In high-profile cases like Al Fayed's, former employees reported an environment where power dynamics went unchecked, resulting in widespread harm. Without strong preventive frameworks, the harm is often exacerbated, leading to years of unresolved trauma for victims and damaged reputations for organisations. Similarly, other prominent cases worldwide have shown that harassment and misconduct flourish in environments without clear accountability and proactive cultural safeguards.

The allegations in the Perfection Fresh case emphasise the power imbalance that can exist in workplaces, especially where workers may have limited protections due to their employment status or migration status. When organisations operate without robust, proactive frameworks, they expose their teams to both physical and psychological harm. These examples, coupled with countless other cases, serve as a stark reminder that “positive duty” isn’t just about legal compliance; it’s about creating environments where vulnerable workers aren’t left unprotected.

What the new duty brings to the table

With the Worker Protection Act’s preventive mandate, employers are expected to implement proactive, concrete measures such as regular training, open reporting channels, and a trauma-informed approach. These requirements aim to shift organisational culture towards active prevention rather than after-the-fact correction. Organisations now have an opportunity to build a foundation of respect, empathy, and safety by normalising practices that discourage harassment before it has a chance to take root.

Key steps for organisations to prevent workplace harassment

To fulfil the new duty to prevent workplace harassment, organisations should focus on the following steps:

• Establish and communicate clear policies: Create and share comprehensive, accessible policies that define harassment, outline unacceptable behaviours, and specify the steps employees can take to report issues. Make sure these policies are visible, frequently communicated, and easy for all employees to access.
• Conduct regular training: Equip both leaders and team members with the skills to identify, report, and prevent harassment through ongoing training. This training should go beyond a one-time session, reinforcing key concepts regularly and adapting to emerging issues in workplace behaviour.
• Promote open communication: Encourage a culture where employees feel comfortable voicing concerns without fear of retaliation. Consider introducing anonymous reporting channels such as safetochat.com and foster regular dialogue on workplace culture and respect, which will help reduce the stigma around reporting.
• Implement trauma-informed practices: Recognise the emotional impact harassment can have on individuals. Using a trauma-informed approach can help leaders respond sensitively to complaints, minimising further harm and offering support to affected individuals.
• Assess and adapt regularly: Monitor your organisational culture through surveys, focus groups, and other feedback channels to detect signs of harassment or emerging issues. Regularly reviewing and refining your practices ensures they remain effective in fostering a respectful, safe workplace.

Building a culture of prevention: how we can help

Our training programs are built on proactive measures, offering tailored strategies to help organisations fulfil their duty to prevent workplace harassment. From fostering open dialogue to training leaders on psychological safety and empathy, our approach is designed to embed respect and accountability at every level. This is not just about compliance; it’s about redefining workplace culture.

Are you ready to create a workplace culture that prevents harassment before it starts?
Contact us to learn more about our tailored training solutions and how we can support your organisation in this new era of proactive responsibility.