Business Partner News | Sexual harassment prevention: What hospitality employers need to do under the Employment Rights Act 2025

IoH Business Partner Gather highlights why hospitality businesses need to go beyond policies and training to demonstrate that staff feel safe and protected at work.

Hospitality employers face significant changes to their responsibilities for preventing workplace sexual harassment, with the Employment Rights Act 2025 strengthening the existing duty to protect employees.

Since October 2024, employers have been legally required to take reasonable steps to prevent sexual harassment. Under the new legislation, this duty is increasing to “all reasonable steps”, meaning businesses will need to demonstrate that they have taken appropriate measures to prevent harassment within their organisation.

Protection against harassment by third parties, such as guests and customers, is also being extended to other forms of harassment. Meanwhile, workers who report sexual harassment have had whistleblower protection since April 2026.

The consequences of falling short can be significant. Where an employer fails to meet its preventative duty, an employment tribunal can increase compensation by up to 25%. With further guidance on what constitutes “all reasonable steps” not expected until 2027, businesses need to assess their own risks and take action now.

Why hospitality businesses face particular challenges

For hotels, bars and restaurants, the working environment can present specific risks. Employees may work late shifts, work alone, serve alcohol and interact with members of the public throughout the day. Guests and customers can therefore be a significant source of risk when it comes to workplace harassment.

High staff turnover adds another layer of complexity. With more than a third of hospitality employees in post for less than a year, businesses cannot assume that policies and training introduced earlier in the year have reached everyone.

Training is only the starting point

Having a policy in place, asking employees to sign a handbook or completing an online training module can demonstrate that information has been provided. However, these measures do not necessarily prove that employees understand the policy, know how to report concerns or feel comfortable doing so.

Employers should aim to demonstrate that each team member has received and understood the relevant policies, knows how to raise concerns and feels protected at work.

Practical steps employers can take

To strengthen their approach to harassment prevention, hospitality businesses should consider:

• Reviewing risk assessments: Ensure they reflect the realities of the workplace, including late shifts, lone working, events and guest behaviour.
• Updating policies and training: Explicitly address third-party harassment and make sure employees understand their responsibilities and protections.
• Reaching every team member: Ensure permanent, casual and seasonal staff receive the relevant policies and confirm their understanding.
• Providing clear reporting channels: Give employees an accessible, confidential way to raise concerns and regularly check whether they feel comfortable using it.
• Keeping clear records: Document the steps taken, including training and policy acknowledgement, by individual employee and site.

Short, regular staff check-ins can also help managers identify concerns early, assess whether employees understand the policies and establish whether they feel safe at work.

Taking these steps is not simply about meeting legal requirements. A workplace where employees feel safe, supported and confident that concerns will be taken seriously can also help strengthen staff retention and workplace culture.

This article provides general information and does not constitute legal advice.

Find out more about Gather and its support for the hospitality sector.