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From 30 October 2026, employers across England, Wales and Scotland will face significantly stronger obligations to prevent sexual harassment in the workplace.

Introduced by the Employment Rights Act 2025, the changes raise the standard expected of employers and place a clear emphasis on prevention rather than simply responding to complaints after they arise.

Businesses that fail to take adequate preventative measures may face increased legal and reputational risks.

Sexual harassment is unwanted behaviour of a sexual nature. Under the Equality Act 2010, protection extends to employees, workers, contractors, self-employed individuals engaged personally to carry out work, and job applicants. 

Sexual harassment can take many forms, including inappropriate comments, sexual jokes, unwanted physical contact, intrusive questions, displaying sexual images, sending inappropriate messages, or any other conduct of a sexual nature that is unwelcome. The behaviour does not need to be repeated to amount to sexual harassment. In some circumstances, a single incident may be enough.

Importantly, the focus is not solely on what the alleged harasser intended. When determining whether conduct amounts to sexual harassment, a Tribunal will consider the effect of the behaviour on the person receiving it, alongside all of the surrounding circumstances. Conduct may amount to sexual harassment if it violates an individual's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them, even where no offence was intended. In practice, this means comments, jokes or behaviour that one person regards as harmless may still amount to sexual harassment if they have that effect on another individual.

For employers, this means that relying on explanations such as "it was only a joke", "no offence was meant", or "that was not how it was intended" may not be sufficient. Organisations should focus on how behaviour is perceived and experienced by others and take active steps to foster a respectful workplace culture where concerns can be raised safely and addressed promptly.

Sexual harassment can take many forms, including:

Whether particular conduct amounts to sexual harassment will always depend on the circumstances. However, employers should be mindful that the impact on the recipient is often more important than the intention behind the conduct. This is one of the reasons why the new obligation to take all reasonable steps to prevent sexual harassment places such a strong emphasis on training, awareness and workplace culture.

Since October 2024, employers have had a legal duty to take "reasonable steps" to prevent sexual harassment in the workplace. From 30 October 2026, that duty will be strengthened, requiring employers to take "all reasonable steps" to prevent sexual harassment. 

While the change may appear minor, the addition of a single word significantly increases the expectations placed on employers. Rather than selecting some reasonable measures, employers will be expected to take all reasonable steps that are appropriate for their organisation, taking into account factors such as:

The focus is firmly on prevention. Employers will need to demonstrate that they have actively considered potential risks and put appropriate safeguards in place before incidents occur. The duty applies to both in-person and online conduct. 

The precise steps required will vary from one organisation to another. However, it is no longer sufficient to have a policy sitting in a handbook that is rarely reviewed.

Employers should ensure their approach is proactive, organisation-wide and regularly assessed. This means taking positive steps to identify risks, educate staff, provide clear reporting mechanisms and foster a workplace culture where inappropriate behaviour is not tolerated.

The strengthened protections are not limited to harassment carried out by colleagues. From 30 October 2026, employers will also be under a duty not to permit harassment of their employees by third parties, such as customers, clients, service users or suppliers.

Employers should therefore consider whether additional safeguards are required in situations where staff regularly interact with members of the public or external stakeholders. This may include reviewing reporting procedures, assessing risk areas, and ensuring managers know how to respond appropriately to complaints involving third parties.

Employers may be held vicariously liable for acts of sexual harassment committed by their employees in the course of employment unless they can demonstrate that they took the preventative steps required by law.

The strengthened duty means employers will need to be able to show that they have taken all reasonable steps to prevent harassment occurring. Simply having a policy in place may no longer be sufficient.

Organisations should be able to demonstrate that policies are regularly reviewed, staff receive appropriate training, concerns can be reported effectively, and workplace culture is actively monitored.

Although the new duty does not come into force until 30 October 2026, employers should begin reviewing their arrangements now.

Practical steps may include:

Larger organisations or those operating in higher-risk environments may be expected to take additional measures. What is reasonable for a small employer may not be sufficient for a national business with a large workforce. 

The upcoming changes provide employers with an opportunity to review their policies, procedures and workplace culture. Taking preventative action now can help minimise legal risk and create a safer, more respectful working environment for employees.

Our Employment Team can advise on compliance with the new requirements, assist with policy reviews, and provide practical guidance tailored to your organisation.

The deadline may still seem some way off, but employers should use the time available to review policies, training and reporting procedures, to ensure they are ready for the new requirements. If you would like advice on preparing for the changes or reviewing your organisation's current arrangements, please contact a member of our Employment Team on 01271 340668.