Sexual Harassment in the Workplace: What Employers Need to Know About the October 2026 Changes
Employers already have a legal duty to take reasonable steps to prevent sexual harassment in the workplace.
But from 30 October 2026, under the Employment Rights Act 2025, further changes to sexual harassment legislation are coming into force, which will further strengthen those obligations.
What sexual harassment laws are changing on 30 October 2026?
From 30 October 2026, employers will be required to take “all reasonable steps” to prevent sexual harassment of their workers. This strengthens the existing duty, which currently requires employers to take “reasonable steps”.
The legislation will also introduce employer liability for third-party harassment. Third parties can include customers, clients, volunteers, suppliers, contractors or other people with whom employees come into contact through their work.
In essence, an employer must show that they have anticipated workplace harassment risks, planned for them and taken practical steps to prevent harassment before it occurs.
What does “all reasonable steps” mean?
Regulations setting out what counts as “all reasonable steps” are expected in 2027, following a public consultation. This means that employers will have to comply with more onerous duties before receiving full guidance as to what they should do.
It is clear, however, that employers must be able to demonstrate that they have thought about harassment risks and taken appropriate action to address them.
This includes:
- Carrying out regular sexual harassment risk assessments
- Having a clear and effective sexual harassment policy;
- Providing appropriate sexual harassment training to staff and managers;
- Making sure employees know how to raise concerns;
- Ensuring complaints are taken seriously and dealt with promptly;
- Considering risks associated with customers, clients and other third parties and setting boundaries accordingly;
- Acting where inappropriate behaviour is identified;
- Reviewing workplace culture and employee feedback; and
- Regularly reviewing whether the measures being taken are effective.
To support employers with their enhanced duties under the Employment Rights Act 2025 in respect of sexual harassment prevention, Simply-Docs offers a range of documents, which can be found HERE.
The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.