Preventing sexual harassment in the workplace has become a much greater area of focus for employers over the past year. While businesses have always had responsibilities under the Equality Act 2010, the legal duty to actively prevent sexual harassment has strengthened, and further changes are due to be implemented.
An example of this is the adjustment to ‘reasonable steps’. The current legal duty requires employers to take reasonable steps to prevent sexual harassment. The Employment Rights Act will raise that standard to take all reasonable steps, with future regulations providing more detail about what employers will be expected to do in practice.
Understanding what the law requires now, and how those requirements are changing, will help businesses prepare well before the new obligations take effect.
What Does the Current Law Say?
Since October 2024, employers have had a proactive duty to take reasonable steps to prevent sexual harassment of their employees in the course of their employment.
This duty was introduced through the Worker Protection (Amendment of Equality Act 2010) Act 2023 and sits alongside the existing protections against harassment under the Equality Act 2010.
Importantly, the law expects employers to take action before harassment occurs. Responding appropriately to complaints remains essential, although employers should also demonstrate that they have taken practical measures to reduce the likelihood of incidents happening in the first place.
If an employer fails to meet this duty and an Employment Tribunal upholds a claim for sexual harassment, compensation awarded to the employee may be increased by up to 25%.
Although every workplace is different, employers should consider the specific risks within their own organisation rather than relying on generic policies alone.
What is Changing Under the Employment Rights Act?
The Employment Rights Act builds on the existing duty by increasing the standard expected of employers.
From October 2026, the current requirement to take reasonable steps will become a duty to take all reasonable steps to prevent sexual harassment in the workplace. At the same time, employers will be responsible for preventing harassment of employees by third parties, such as customers, clients and contractors.
The Act also indicates that regulations are currently expected to be released in October 2027 whereby the Government has the power to introduce guidelines specifying:
- The steps employers should take to prevent sexual harassment
- The matters employers should consider when deciding what action is appropriate
Although some uncertainty remains, it is clear that employers will be expected to take a more comprehensive approach to preventing harassment and demonstrate that they have considered the risks within their own workplace.
What Are Reasonable Steps in Practice?
The legislation does not provide a fixed checklist of actions that every employer must follow. Instead, what is considered reasonable depends on factors such as the size of the organisation, the nature of the work and the risks employees may face.
The Employment Rights Act refers to measures including:
- Carrying out workplace risk assessments
- Publishing clear anti-harassment policies
- Implementing reporting procedures for concerns and complaints
- Establishing effective complaint handling processes
It is encouraged that employers should take a proactive approach to preventing harassment rather than responding only after an incident has occurred.
In practice, this may include providing regular training for managers and employees, communicating expected standards of behaviour, reviewing workplace culture and monitoring whether existing procedures remain effective.
As the legal standard moves towards all reasonable steps, employers should expect greater scrutiny of the actions they have taken to prevent harassment, rather than simply the policies they have in place.
Why Third-Party Harassment Matters
One of the most significant changes introduced by the Employment Rights Act concerns harassment by third parties.
From October 2026, employers will have a duty not to permit third parties to harass their employees. An employer may be considered to have permitted harassment where they have failed to take all reasonable steps to prevent it.
This is particularly relevant for businesses where employees regularly interact with members of the public or external organisations, including those operating in retail, hospitality, healthcare and professional services.
The Act also introduces additional whistleblowing protection by making disclosures that sexual harassment has occurred, is occurring or is likely to occur a qualifying disclosure.
While many reports of harassment could already qualify under existing whistleblowing legislation, this change reinforces the importance of maintaining clear reporting procedures and protecting employees who raise concerns.
What Should Employers Do Now?
Although further regulations are still expected, employers do not need to wait before reviewing their current arrangements.
Employers may wish to:
- Review anti-harassment and dignity at work policies
- Assess where harassment risks could arise within the business
- Provide regular training for managers and employees
- Ensure reporting procedures are clear and accessible
- Review how complaints are investigated and recorded
- Consider risks involving customers, suppliers and other third parties
- Monitor future guidance and regulations as they are published
Taking these steps now can help businesses meet their current legal obligations while preparing for the higher standard introduced by the Employment Rights Act.
With further regulations expected over the next two years, employers who review their policies and procedures early will be in a stronger position to demonstrate that they have taken a proactive approach to preventing sexual harassment in the workplace.
Premier Legal is here to help with updating policies, providing staff training and any expert legal advice and HR support required. Get in touch with us today to find out how we can help your business navigate these changes confidently.
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Author
sarahrobinson@premier-legal.co.uk
Sarah Robinson is the Managing Partner and has specialised exclusively in employment law since qualifying as a solicitor in 1996.
Sarah has considerable experience of representing clients in many different industry sectors including insurance and financial services, corporate finance, technology, legal services, automotive, hotel and catering and media as well as the public sector.
Areas of particular interest include restrictive covenants, TUPE and advising in relation to discrimination.