Are you ready for the new harassment obligations from 30 October?
Tuesday 25th August 2026
From 30 October 2026, the Employment Rights Act 2025 will strengthen workplace harassment obligations in two key respects.
The existing duty to prevent sexual harassment will move from a “reasonable steps” test to a higher “all reasonable steps” standard.
Employers will also be liable where a third party, such as a client, contractor or visitor, harasses an employee because of any protected characteristic, unless they can show they took all reasonable steps to prevent it. Liability will not depend on the employer having prior knowledge of the conduct.
These changes represent a significant shift in expectations on employers and will require a more proactive approach to identifying, assessing and managing harassment risks in the workplace.
Regulations clarifying what “all reasonable steps” means in practice are expected following a government consultation, with further detail anticipated from 2027. The EHRC is also updating its technical guidance.
What does effective prevention look like?
Recent EHRC research provides helpful guidance, with three key themes emerging:
1. Managers matter most. Poor supervisor relationships are among the strongest indicators of harassment risk. Acas data shows employees are far more likely to raise concerns with their line manager than with HR or through formal channels, making targeted, behaviour-focused manager training essential.
Managers are often the first line of defence. They need to be equipped not only to recognise inappropriate behaviour but also to respond confidently, escalate concerns promptly and foster a culture where employees feel comfortable speaking up
2. Complaint numbers can mislead. Acas found that 44% of working-age adults experienced workplace conflict over 12 months, but only 9% raised a formal grievance.
Employers should therefore look beyond grievance figures and use surveys, absence trends and exit information to build a more accurate picture. A low number of complaints does not necessarily indicate a low level of risk. It may simply suggest employees do not feel comfortable reporting concerns.
3. Policies alone are not enough. Written policies must be underpinned by a wider culture of accountability, including training, visible leadership commitment and clear reporting routes. Employees should have at least one alternative way to raise concerns, such as someone other than their line manager or, ideally, a confidential hotline. Tribunals are looking at what employers are doing in practice, not just what their policies on paper.
What should employers do now?
Here are some of the practical steps we recommend doing now:
Refresh manager training so managers understand how to recognise concerns, respond appropriately, escalate issues and maintain suitable records.
- Provide regular training for all employees on acceptable workplace behaviour, reporting routes and how concerns will be handled.
- Review reporting mechanisms to ensure employees have multiple channels through which to raise concerns, including options outside their direct management chain.
- Consider introducing a standalone sexual harassment policy separate from any general anti-harassment and bullying policy. This can help set out clearer expectations, reporting routes, investigation steps and the measures in place to also address third-party harassment.
- Monitor workplace culture proactively using employee surveys, absence data, exit interviews and other feedback mechanisms rather than relying solely on grievance statistics.
Comment
The message is clear: employers will need to take proactive, demonstratable and , meaningful steps to prevent harassment rather than relying on policies alone.
With these enhanced obligations taking effect from 30 October 2026 and greater scrutiny of workplace culture and preventative measures, now is a good time for employers to review their current arrangements, identify any gaps and put in place a clear action plan.
Our Employment team can support your organisation with workplace harassment risk assessments, policy reviews, manager training and practical guidance tailored to your business.
If you would like to discuss how these changes may affect your organisation, please contact a member of our Employment team.
