From 30 October 2026, the Employment Rights Act 2025 strengthens existing law and places an obligation on employers to take “all reasonable steps” to prevent sexual harassment of their workers, instead of “reasonable steps”. This means employers should be proactive and take all and any such steps as is reasonable to expect an employer to take to prevent sexual harassment in the workplace.
The Act also introduces employer liability for third-party harassment. This liability extends to third parties such as clients, customers and suppliers, and is not just limited to sexual harassment, but extends to harassment on the grounds of age, disability, religion or belief, sex and sexual orientation.
Steps all employers should be taking now
Employers are advised to take the following steps in preparation for the changes coming into effect:
- Audit current practices and undertake risk assessments to evaluate the risk of workers being exposed to harassment and the steps that can be taken to minimise those risks.
- Update policies and procedures to ensure there are robust anti-harassment and anti-bullying policies in place that are accessible to all staff, setting out the employer’s commitment to fostering an inclusive culture, the consequences for perpetrators, how to report harassment and the employer’s approach to third-party harassment.
- Train line managers and staff on how to report, recognise and deal with harassment related complaints and ensure training is regularly updated.
- Put in place clear lines of reporting sexual harassment and ensure prompt action is taken in a sensitive and confidential manner.
- Consider the potential for third-party harassment and ensure that the organisation’s zero tolerance approach to harassment is communicated to third parties via email and notices displayed in public areas of the workplace.
For further guidance and assistance with updating policies and providing training to your workforce, please contact our Employment Team on 0345 646 0406 or fill in our online enquiry form and will be more than happy to help.