Changes from October 2026 – Preventing Work-Based Sexual Harassment

Since October 2024, employers  have had a legal duty to take reasonable steps to prevent employees being sexually harassed at work. 

What happens if employer’s don’t do this?

• An Employment Tribunal can increase (“uplift”) an employee’s discrimination compensation by up to 25%  if it finds that there has been a breach of duty.
• The Equality and Human Rights Commission (EHRC) also has power to enforce the duty.

What is changing?

From 30 October 2026, the duty is to become stricter and employers will need to take all reasonable steps to prevent sexual harassment. Employer liability for third party harassment is also expected to come into force on the same date. 

What does “all reasonable steps” mean?

This is expected to be a high standard and may be difficult to meet.  Further regulations should help clarify what is required, but these are not expected until at least 2027. 

EHRC eight-step guide (practical steps employers can take now)

The EHRC has published an eight-step guide to help employers think about what action to take (it is not an exhaustive list): 

1. Developing an effective anti-harassment policy which should clearly explain what behaviour is unacceptable and how to report it.
2. Engaging Staff – Communication is meant to be key for this including staff surveys and exit interviews.
3. Risk Assessments – The guide sets out various factors for consideration in relation to this to identify where harassment risks arise to reduce them.
4. Reporting routes: providing ways to report concerns, including anonymously or in name.
5. Training – This covers all workers, including managers and senior staff.
6. Having a clear complaint process explaining how complaints will be handled and discuss how the worker wants the issue to be resolved.
7. Dealing with third party harassment including putting reporting mechanisms in place and considering high-risk situations.
8. Monitor and evaluation including regular review of policies, procedures and training along with lessons learnt sessions after complaints have been resolved.  

Please see: Employer 8-step guide: Preventing sexual harassment at work | EHRC

ACAS Guidance on Preventing Sexual harassment

ACAS also provides practical advice, including:

• setting clear standards of behaviour for work social events; and
• having a senior level person responsible for ensuring that the organisation is taking preventative steps. 

Please see: Preventing sexual harassment – Sexual harassment – Acas

Summary 

In summary, all reasonable steps will depend on an employer’s size, sector, working environment and resources. Overall, employers should expect that it will be harder to defend sexual harassment claims and employers are likely to face higher penalties for successful claims. Multiple steps will certainly need to be taken by employers to prevent sexual harassment.  

Brief training sessions that are box tick exercises will not be enough (even if they have taken place recently). Training needs to be effective and employers should have a system in place to ensure that employees understand and know what to do in challenging situations.  The mere existence of a policy or policies will not be sufficient.

If you would like to discuss what all reasonable steps might mean for your organisation, then please do get in contact with a member of our team.

The contents of this article are a general guide only at the date of publication. It is not comprehensive, and it does not constitute legal advice. Specific legal advice should be sought in relation to the particular facts of a given situation.