Roman MacKenzie provides an updated picture of everything dental professionals need to know about legal requirements surrounding harassment.
Since 26 October 2024, employers have been required to take reasonable steps to prevent sexual harassment in the workplace. With harsher penalties and additional powers granted to the Employment Tribunal to uplift compensation by up to 25% where reasonable steps were not taken, the new obligations were not something to be ignored. But if the duty’s introduction in 2024 was the requirement to brush twice daily, 2026’s expansion to the duty also requires daily flossing.
To encourage reporting, from 6 April 2026, reports of sexual harassment amount to protected disclosures under whistleblowing legislation. Employees, therefore, have additional protection from detriment or dismissal because of raising concerns about sexual harassment.
In October 2026, the duty to prevent sexual harassment becomes the duty to take all reasonable steps. The duty will also be extended so that employers could be liable if staff are harassed at work by a third party (think patients, suppliers, contractors, etc) and all reasonable steps have not been taken to prevent it. Further, liability is not restricted to sexual harassment but harassment in respect of any protected characteristic.
Taking all reasonable steps will be a high bar to meet and regulations on what will amount to ‘reasonable steps’ will be issued to assist. However, as these are not due until 2027, employers will not be able to wait for further guidance before taking steps to meet the extended duty.
How can practices combat harassment and satisfy requirements?
While there is no tick-box list to satisfy the duty and clarity is awaited, the following at least should be a common feature of any practice:
- Risk assessments to identify (i) risks specific to your practice, eg being alone with colleagues or third parties in closed rooms, power dynamics, and work-related events (particularly where alcohol may be consumed) and (ii) steps to mitigate those risks.
- Tailored anti-sexual harassment and anti-bullying and harassment policies that are communicated to staff and kept up-to-date
- Mandatory, tailored (and regularly refreshed) training, including specific training for those with management responsibility regarding how to deal with any issues which arise.
- Where a complaint is made, a process should be in place to support those involved, and address issues swiftly, including by taking disciplinary action.
These steps should be reviewed and updated with prevention of harassment by third parties and the requirement to take all reasonable steps in mind.
In respect of third parties, employers should set expectations early, eg displaying notices and including recorded messages on calls regarding their expectations of third-parties, act swiftly on any concerns and ensure any contractual relationships make it clear that there is a zero-tolerance approach to harassment of staff.
Practising what you preach is important to develop a workplace culture that does not tolerate harassment. Should issues arise, ensuring that action is taken swiftly is likely to prevent decay in the relationships. Clear reporting procedures, support offerings and accurate records for lessons to be learned are all recommended.
Accordingly, now is the time to act and Thorntons’ dental team can support practices to meet their obligations now and in the future.
For more information, contact Roman at rmackenzie@thorntons-law.co.uk or +44 1382 346 815.
This article is sponsored by Thorntons.
