Employment Snapshot October 2026
Thursday 22nd October 2026
Welcome to Gordons Employment Team’s latest update
This month we cover:
- ALL reasonable steps: The enhanced duty to prevent sexual and third-party harassment;
- When does an insensitive comment amount to harassment?; and
- Neuroinclusivity: Practical guidance for employers in light of the government’s latest report.
All reasonable steps: are you ready for the enhanced duty to prevent sexual and third-party harassment?
Since 26 October 2024, employers have had a duty to take reasonable steps to prevent sexual harassment of workers, including by third parties such as customers and clients.
The Employment Rights Act 2025 raises this standard from 30 October 2026, when employers must now take all reasonable steps.
When does an insensitive comment amount to harassment?
In the recent case of McManus v British Airways, the Employment Appeal Tribunal (EAT) clarified the approach to harassment under the Equality Act 2010 where the allegation is based on the effect of conduct rather than its purpose.
The EAT confirmed that a claimant’s disability and mental health can be relevant circumstances, but are not automatically decisive.
Is your workplace neuroinclusive? Practical lessons from new government report
Earlier this month, the Expert Academic Panel on Neurodiversity published its Final Report and Recommendations for government and employers. The report identifies that ‘standard’ workplace practices may require neurodivergent employees to mask or modify their behaviour, which may give rise to difficulties in their interactions with employers and colleagues.
In light of these findings, employers should remain mindful of their duty under the Equality Act 2010 to make reasonable adjustments for disabled employees. The report’s key findings provide further guidance on how this duty may be approached in practice.
Plus…
Our Employment Rights Act event is filling up fast, sign up here today to request your spot.
If you require any further information on the above topics, please do not hesitate to get in contact with a member of the Employment Team.
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