07/10/2026
What’s changing?
From 30 October 2026:
Employers must take “all reasonable steps” to prevent sexual harassment of their workers. This is a clear and legally significant augmentation to the current duty to take “reasonable steps”.
Employers must take “all reasonable steps” to prevent harassment of any kind perpetrated by third parties against their workers. This is an entirely new duty, creating employer liability for acts of third parties, including customers, clients, service users, and patients, where the duty is not met.
The sting in the tail: Where a worker is harassed and an employer breaches these preventative duties, their compensation could be increased by up to 25%.
Why is this so significant?
A few years on from the emergence of the #MeToo movement, the issue of sexual harassment in the workplace continues to dominate the headlines and should be high on the agenda of all employers.
The heavily publicised resignation of the former UK Information Commissioner in June 2026 following an independent investigation into allegations of sexual harassment and bullying by multiple employees is a timely reminder that this remains a live issue, at the forefront of the public eye, which must be addressed.
These changes mark a significant step forward in strengthening protections against workplace sexual harassment, and reinforce employers’ responsibilities to create safe and respectful working environments, free from harassment. They are wide-ranging, will drastically expand employers’ exposure to legal claims, financial liability and reputational damage, and so demand immediate attention to ensure compliance and mitigate risks.
So what does taking “all reasonable steps” look like?
It is not currently clear. The Government intends to make regulations specifying the steps employers are required to take to meet the augmented preventative duty regarding sexual harassment. It is currently consulting on what these should be, and these are expected to be published next year. It is anticipated that they may include:
Carrying out risk assessments
Publishing plans and policies
Taking steps relating to the reporting and handling of complaints
In September 2024, the Equality and Human Rights Commission (EHRC) published an 8-step guide for employers to demonstrate their compliance with the current “reasonable steps” duty for sexual harassment. It is anticipated that this guide will be updated ahead of the new augmented changes taking effect. The guide currently includes:
Developing effective anti-harassment policies
Engaging with staff
Assessing and taking steps to reduce risks
Training staff on sexual harassment and how to handle complaints
Monitoring and evaluating steps taken to ensure their effectiveness
It is not yet clear whether the Government or EHRC will publish similar regulations and/or guidance in relation to the new preventative duty regarding third party harassment.
In the meantime, employers should follow the EHRC guidance as a minimum and take all other preventative steps that it is reasonable to take in the particular circumstances.
How we can help
It is vital that organisations and their staff are aware of this change and understand what they are expected to do about it. Our team of experienced lawyers can support you with these changes in a number of ways, including:
Delivering training for managers and/or HR Teams
Reviewing policies to ensure compliance
Prepare Board briefings to support a safe and inclusive culture from the top down
Provide strategic risk management, for example by conducting case reviews and advising on risk assessments
For further information and support, see our Employer Toolkit. Alternatively, please contact our Sexual Safety specialists Alastair Currie, Siobhan Mulrey and Abby Spittle.
Looking beyond these changes
The new duties on preventing workplace harassment are just one element of the wider programme of employment law reform being introduced through the Employment Rights Act. With further changes expected over the coming months and years, many organisations are already reviewing their policies, procedures, training programmes and governance arrangements to ensure they remain compliant and prepared for what lies ahead.
To help employers navigate this evolving landscape, we have created our Employment Rights Act Hub. Bringing together legal updates, practical guidance, insights and resources from our employment law specialists, the Hub is designed to help organisations understand what is changing, assess the potential impact on their workforce, and plan effectively for implementation.
Visit our Employment Rights Act Hub to access the latest developments and expert commentary on the reforms, and to stay ahead of the changes that could affect your organisation: Employment Rights Act 2025 Hub.
