Preparing for the Next Wave of Employment Law Reform: What Employers Should Be Doing Now

In our last Oxford Insights employment law update, Carol examined the changing employment tribunal landscape under the Employment Rights Act 2025 and the impact that increasing tribunal delays could have on employers and employees alike.

As employers continue to navigate that changing workplace landscape, attention is now turning to the significant employment law reforms due to come into force on 30 October 2026. Two notable developments are a stricter duty to prevent sexual harassment of employees and, an obligation on employers not to permit third-party harassment. A further key change is the introduction of  new obligation relating to trade union rights of access.

These new obligations on harassment in particular highlight a broader trend in employment law: a growing expectation that employers should take preventative action, rather than simply reacting once problems arise.

So, what do these changes mean in practice, and what should employers be doing now to prepare?

A Stricter Duty to Prevent Sexual Harassment

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

One of the most significant upcoming changes is the introduction of an employer’s duty to take all reasonable steps to prevent sexual harassment in the workplace. This represents a higher standard than the current requirement and may be challenging for employers to meet in practice. Further regulations should help clarify what is required, but these are not expected until at least 2027. 

Just having an anti-harassment policy will not be enough. Employers are now expected to identify areas of risk and take proactive steps to prevent sexual harassment from occurring in the first place.

Employers should review workplace culture, provide effective training, ensure reporting procedures are accessible, and regularly assess whether existing measures remain fit for purpose. The EHRC’s 8-step guide provides useful guidance for employers to help them consider what actions they should be considering taking now. 

What constitutes “reasonable steps” will vary depending on the size and nature of the organisation, as well as working environment and resources. However, all employers should be able to demonstrate that they have considered the specific risks within their workplace and taken appropriate action to address them.

Importantly, brief training sessions and other box-ticking exercises will not be enough. Employers must be able to show a genuine commitment to preventing sexual harassment by fostering a culture in which inappropriate behaviour is challenged, concerns are taken seriously and employees understand how to respond when issues arise.

Liability for Third-Party Harassment

Another significant change coming into force on 30 October 2026 is the liability for third-party harassment. This includes  employers being held liable where they fail to take all reasonable steps to prevent employees from being harassed by third parties in the course of their employment.

Importantly, “third parties” extends far beyond customers and clients. It can include suppliers, contractors, consultants, visitors, service users and, in reality, almost anyone an employee may come into contact with as part of their role. The protection applies across all relevant protected characteristics, including sex, race and disability.

For many employers, particularly those operating customer-facing businesses, this may require a change in approach. Whilst employers cannot control the behaviour of every individual their employees encounter, they will be expected to identify foreseeable risks and take reasonable steps to reduce them. This may also include implementing reporting procedures, training managers on how to respond to complaints, displaying clear standards of acceptable behaviour and taking appropriate action where concerns are raised.

Employers should be considering now whether their existing policies and procedures and how their businesses are run, adequately protect staff from harassment by external individuals.

New Trade Union Rights

Employers should also be aware of a number of new trade union rights coming into force. These include rights for qualifying trade unions to access workplaces under formal access agreements.

In addition, employers will be required to provide greater support to trade union representatives. This includes allowing union equality representatives reasonable paid time off to carry out their duties and, where appropriate, providing reasonable access to workplace facilities.

What Should Employers Be Doing Now?

In light of these changes, employers should take steps now to review existing practices, assess potential risks and introduce measures appropriate to their workplace, including:

• Reviewing anti-harassment and dignity at work policies.
• Ensuring managers have received appropriate training on identifying and responding to workplace harassment.
• Assessing whether reporting procedures are effective, accessible and trusted by staff.
• Consider risks arising from customer, client and third-party interactions.
• Review employee communication and consultation processes.
• Audit HR documentation and workplace practices to identify any gaps.
• Keep up to date with upcoming legislative developments and seek advice where appropriate.

Organisations that are proactive, well-informed and willing to review their practices regularly will be best placed to manage risk, protect their workforce and navigate the changing employment law landscape with confidence.

For more information on any of the issues raised in this article, please contact Philomena Price, Director in the Employment Law team at SE-Solicitors at pprice@se-solicitors.co.uk.

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.