Sexual harassment in the workplace is a serious issue, but it’s been particularly prominent in the hospitality industry for decades.
Fortunately, the UK Government is finally taking action to prevent harassment and protect employees. The new Worker Protection Act, enforced in October 2024, makes it clear that employers must take real action to prevent harassment.
It’s no longer enough to just deal with issues after the fact. Now, businesses are expected to create safe, respectful workplaces from the start.
Startups has worked with businesses for over 20 years in helping them understand the UK’s relevant laws and regulations. We’ll explore the current legislation on sexual harassment, the issues it has for hospitality firms, and actionable steps you can take to ensure it can be prevented within your own company culture.
💡Key takeaways
- Under the Worker Protection Act 2023, employers are responsible for preventing sexual harassment in the workplace.
- If a business fails to protect staff from harassment, compensation can be increased up to 25% in an employment tribunal.
- Hospitality businesses should have a clear anti-harassment policy, provide mandatory training, and establish multiple reporting channels.
- When a complaint is made, businesses should listen carefully, investigate confidentially, take appropriate action, and provide support to the victim.
In this article, we’ll cover:
What’s the current legislation on sexual harassment in hospitality businesses?
The current regulation around sexual harassment in the workplace is the Worker Protection Act 2023, which came into effect on October 26th, 2024.
An amendment of the UK’s Equality Act 2010, this legislation was introduced to strengthen protections against workplace sexual harassment. It clearly defines what counts as unacceptable behaviour, gives employers more responsibilities for prevention, and establishes stricter enforcement measures and penalties for non-compliance.
It also introduces mandatory training for staff and ways for reporting and addressing complaints more effectively.
What does the Worker Protection Act 2023 say?
The Worker Protection Act 2023 is designed to shift the focus from reactive measures to proactive prevention of sexual harassment. It involves the following provisions:
- Employer duty to prevent harassment: Employers must anticipate risks and implement measures to prevent sexual harassment.
- What counts as harassment: Any unwanted behaviour of a sexual nature that makes someone feel uncomfortable, humiliated, or creates a hostile environment.
- Third-party harassment: Harassment by clients, customers, or contractors is also the employer’s responsibility.
- Larger consequences: If a company fails to protect staff, compensation for victims can be boosted by up to 25%.
- EHRC enforcement: The Equality and Human Rights Commission (EHRC) can investigate suspected breaches of preventative responsibilities, even if there hasn’t been a sexual harassment incident.
- The course of employment: Employer responsibility is extended anywhere the employee is carrying out their job, such as external locations, as well as work-related social events.
Why is sexual harassment a risk at hospitality businesses?
Sexual harassment is a risk in hospitality businesses because of the nature of the work. Long and irregular hours, high-pressure shifts, and close interactions with both customers and colleagues can create situations where inappropriate behaviour is more likely to happen.
And unfortunately, sexual harassment has historically been an issue in the hospitality industry, with many restaurant businesses struggling to keep their workplaces safe.
According to statistics reported by HR Review, 90% of hospitality staff have experienced sexual harassment at work. Additionally, 75% of hospitality businesses say they are concerned about protecting staff from sexual harassment by customers and other third parties.
Inevitably, sexual harassment can and will have a detrimental effect on business success. It can lead to higher staff turnover, increased absenteeism, and lower productivity as employees feel unsafe or unsupported.
It was also revealed that around 60% of sexual harassment incidents don’t get reported, primarily because employees fear retaliation or don’t believe anything will change. This culture of silence not only harms employees but also allows bad behaviour to go unchecked, causing long-term damage to morale and trust.
For hospitality businesses, where teamwork and customer service are essential to success, the impact can be even greater, as poor staff engagement, reputational damage and potential legal action can have a detrimental impact.
McDonald’s sexual harassment scandal
In March 2025, the EHRC issued a warning to fast food giant McDonald’s, with UK owners potentially facing legal action if they fail to take steps to protect their staff from sexual abuse. This warning followed a BBC investigation in 2023, which revealed claims of a toxic work culture of sexual assault and harassment.
This case shows that no workplace is immune to harassment, and failing to act can have serious legal and reputational consequences. Every business has a duty to create a safe and respectful environment, and not doing so, or failing to comply with the Workers Protection Act 2023, can land you in serious hot water financially and legally.
How can I prevent sexual harassment at my hospitality business?
To prevent sexual harassment in your own hospitality business, you should have a clear policy, effective training, and a proactive approach to handling complaints. Here are a few ways you can stamp out sexual harassment and ensure safety for everyone.
1. Create a clear anti-harassment policy
The first step is to have a clear anti-harassment policy. It should define what counts as sexual harassment, explain what kinds of behaviours are unacceptable, and outline the consequences for breaching those rules. It’s important that you reinforce this policy regularly, and that staff can easily access it, such as through employee handbooks.
2. Provide regular training
Regular training should be mandatory for all employees, especially managers. Training should cover how to recognise harassment, how to respond to incidents, and how to maintain a respectful culture. This process will help ensure that everyone understands their responsibilities and knows what to do if problems arise.
3. Set up easy reporting channels
Employees should have safe and simple ways to report harassment, without fear of retaliation. That’s why you should offer several reporting options for employees, such as speaking to the human resources (HR) department, their line manager, or an anonymous hotline. That way, staff can feel confident that their concerns are taken seriously and are acknowledged properly.
4. Take complaints seriously
When complaints are made, they must be taken seriously and investigated quickly and fairly. Therefore, you should follow through with appropriate action. The right action will depend on the individual situation, but it could include investigating the complaint, disciplinary measures, mediation, or just reinforcing the policy and reminding the team about the company’s expectations.
5. Review and update your policy regularly
Finally, policies and training should be reviewed regularly. Keeping procedures up to date will ensure that you’re compliant with legal requirements and allow you to respond to staff feedback, thereby helping you to maintain a safe and respectful environment for everyone. Also, make sure that you stay informed with the UK’s latest laws and regulations, such as updates to the Worker Protection Act 2023, so that both you and your staff are fully protected.
Understanding hospitality rules and regulations
Operating a hospitality business comes with a lot of rules and regulations that you have to follow. It can be difficult to keep on top of it all, but our guides are here to help you cut through the jargon and understand exactly what you need to do:
How should I deal with a sexual harassment allegation?
If someone makes a sexual harassment complaint, it’s important to handle it carefully and fairly.
First, you should listen to the complainant in a private and safe space. From there, get them to write down the details of the incident, including what happened, when, where, and who was involved. It’s also essential that you respect employee confidentiality and only share information with people who need to know.
Next, you should investigate the incident fairly. This involves talking to any witnesses, looking at evidence, and allowing the accused to respond. Once you have a better understanding of what happened, take appropriate action, which could be a warning, extra training, or more serious discipline if needed.
Finally, make sure to offer support to the person affected, such as counselling or changes to their work setup. Also, follow up afterwards to make sure everything is okay and no one faces any retaliation. This will show that you genuinely care about employees and that you uphold and enforce your anti-sexual harassment policy.
Are any new harassment laws on the way?
While there aren’t any reports of any new sexual harassment laws, the Employment Rights Bill is expected to become law in 2026, but the exact date is not yet confirmed.
With the aim of expanding the protections from the Worker Protection Act, it will raise the standard for employers to take “all reasonable steps” to prevent harassment, increase accountability for incidents involving third parties, and introduce stronger safeguards for employees who report abuse.
Conclusion
Sexual harassment has been a long-standing problem in hospitality, but with the Worker Protection Act now in place, and even tougher rules expected with the Employment Rights Bill, businesses can’t afford to ignore it.
Building a safe and respectful workplace isn’t just about ticking legal boxes. It also helps build trust, improve morale, and gives your business a favourable reputation.
With a clear policy, effective training, and an actionable approach to dealing with complaints, you can protect both your staff and reputation while also having the kind of workplace people actually want to be part of.
