Sexual Harassment Prevention: what employers need to know before October 2026
From 2026, UK employers will face a higher legal standard when it comes to preventing sexual harassment at work. The Employment Rights Act 2025 strengthens the existing duty, introduces clearer whistleblowing protection for sexual harassment disclosures, and extends employer liability to harassment by third parties such as customers, clients, contractors and patients.
For employers, the message is simple: reacting to complaints will not be enough. Employers will need to show that they have anticipated risks, planned ahead and taken practical, organisation-wide steps to prevent harassment before it happens.
The current position
Since October 2024, employers have been required to take reasonable steps to prevent sexual harassment in the workplace. While “reasonable steps” is not defined in the legislation, the expectation is that employers assess risk, maintain clear policies, provide effective reporting routes, train staff properly and respond promptly when concerns are raised.
What is changing in 2026?
The Employment Rights Act 2025 raises the bar in three important ways.
1. Sexual harassment disclosures will gain whistleblowing protection
From 6 April 2026, reports of sexual harassment will automatically qualify as protected disclosures for whistleblowing purposes. This means workers will be protected from detriment, and employees from unfair dismissal, when they raise concerns about sexual harassment. Importantly, disclosures will not need to be framed as a health and safety issue, legal breach or criminal offence in order to receive protection.
2. Employers must take “all reasonable steps” to prevent sexual harassment
From 30 October 2026, the current duty to take reasonable steps will become a duty to take all reasonable steps. This is a higher threshold. Employers may no longer be able to show that they took some preventative action if other reasonable measures were available but not implemented.
In practice, this means employers should focus on prevention, not just response. The steps required will depend on the organisation’s size, sector, workforce, working environment and risk profile. Larger or more complex organisations are likely to be expected to do more.
3. Liability will extend to third-party harassment
Also from October 2026, employers will be directly liable where a worker is harassed by a third party and the employer has not taken all reasonable steps to prevent it. Third parties could include customers, clients, service users, patients, contractors and visitors.
What will “all reasonable steps” look like?
Further regulations are expected to provide more detail on what will count as reasonable steps. However, employers should not wait for final guidance before acting. Tribunals are likely to look closely at whether policies, procedures and training are genuinely embedded in day-to-day working practices, rather than simply existing on paper.
For HR teams, a practical approach should include risk assessment, clear ownership, accessible reporting routes, meaningful training, visible leadership commitment and evidence that preventative steps are regularly reviewed.
Five actions HR teams should take now
1. Review and refresh your policies
Update anti-harassment, bullying, dignity at work, grievance and whistleblowing policies so they work together. Policies should explain what sexual harassment is, cover online and in-person conduct, address third-party risks and set out clear, consistent reporting routes.
2. Carry out tailored risk assessments
A one-size-fits-all approach is unlikely to be enough. Consider where risk may arise across different roles, locations and working patterns. Higher-risk situations may include lone working, public-facing roles, client visits, work travel, overnight stays, high-volume customer environments and alcohol-related work events.
Anonymous staff surveys can also help identify concerns that may not appear in formal complaints. Risk assessments should record where risks arise, who may be affected, what controls are already in place and what further action is needed.
3. Train everyone properly
Training should be regular, engaging and practical. It should help workers understand what sexual harassment looks like, how to challenge inappropriate behaviour, how to report concerns safely and how third-party harassment risks should be handled. Keep records of who has been trained and when.
4. Set expectations with third parties
Employers should think about how expectations are communicated beyond the workforce. This may include visitor notices, customer-facing behaviour standards, contract clauses, supplier expectations or escalation routes where an external party behaves inappropriately. The key is to make boundaries clear before problems arise.
5. Strengthen reporting culture and leadership accountability
A proactive duty requires a proactive culture. Offer more than one reporting route, consider anonymous options where appropriate, keep records of concerns and near misses, and review patterns so lessons are learned. Senior leaders should visibly support the approach and model the standards expected across the organisation.
Final thought
The legal standard is getting tougher, but the wider message is about culture. Employers that act early will be better placed to protect their people, respond confidently to concerns and show that respect and safety are embedded in the way the organisation works.
How we can help
If you would like to understand how the new duty may affect your organisation, review your current approach or arrange tailored training, our team would be happy to help.
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Disclaimer
All information within the post is provided for guidance only; always seek your own legal advice.
The information with this post was correct at the time of publishing, September 2026 but may be subject to change.
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