From 30 October 2026, employers will face a significantly higher legal threshold for preventing workplace sexual harassment. The Employment Rights Act 2025 strengthens the existing preventative duty by requiring employers to take “all reasonable steps” to prevent sexual harassment of their employees. It also introduces protection from harassment by third parties, including customers, clients, contractors, suppliers, service users and members of the public, and provides whistleblowing protection for employees who report sexual harassment, reinforcing the need for safe, trusted and effective reporting arrangements.
It reinforces a proactive approach: employers must identify where harassment could arise and take proportionate action before an incident occurs. Waiting for a complaint, relying on a policy that employees rarely see, or delivering one-off generic training is unlikely to demonstrate that every reasonable preventative step has been taken.
Why employers cannot afford to be complacent
Recent research reported by People Management highlights the scale of the cultural challenge. In a survey of 1,000 UK employees by workplace training provider iHasco, 48% said they had experienced or witnessed inappropriate behaviour at work. In addition, 66% lacked full confidence that people reporting such behaviour would be adequately protected. These findings suggest that inappropriate conduct is not an isolated issue and that many employees remain uncertain about whether speaking up will lead to a safe, fair and effective response.
For employers, the risks extend beyond employment tribunal claims. Poor handling can damage trust, wellbeing, retention, recruitment and organisational reputation. It can also discourage witnesses and those affected from raising concerns, allowing problematic behaviour to become normalised. A workplace may therefore appear complaint-free while still carrying significant cultural and legal risk.
What does “all reasonable steps” mean?
Since October 2024, employers have been required to take reasonable steps to prevent sexual harassment. From 30 October 2026, the addition of the word “all” raises the standard. ACAS explains that employers will be expected to take all the steps that are reasonable for their organisation, without choosing only some of them. The appropriate measures will depend on factors such as organisational size, sector, working environment, workforce profile and contact with third parties. Further information is expected to be provided next year, 2027.
The duty covers online and in-person conduct and requires organisation-wide prevention, not simply action focused on individuals after an incident. Employers should assess risks in offices, remote communications, work-related social events, travel, lone working, customer-facing settings and any environment where power imbalances or informal “banter” may create vulnerability.
The legislation also means employers must not permit third parties to harass employees. This protection is wider than sexual harassment and can cover harassment related to other protected characteristics. Employers with customer- or client-facing teams should therefore consider what expectations they communicate externally, how employees can obtain immediate support and what action will be taken against a third party whose behaviour is unacceptable.
Practical steps employers should take now
Employers should use the period before implementation to build a clear, evidenced prevention framework. Priority actions include:
- Review policies: ensure sexual harassment, bullying, dignity at work, grievance and disciplinary procedures are consistent, accessible and explicit about third-party conduct, online behaviour, work events and reporting routes.
- Complete a risk assessment: identify where, when and by whom harassment could occur; consider higher-risk roles, environments, working patterns and events; and record the controls introduced.
- Train all staff: explain what sexual harassment looks like, expected standards, how to challenge inappropriate behaviour safely and how to raise a concern. Training should be meaningful, role-relevant and refreshed regularly.
- Equip managers: managers must know how to recognise warning signs, respond sensitively, preserve confidentiality, avoid victimisation and escalate concerns promptly. Their day-to-day conduct is central to whether a policy works in practice.
- Strengthen reporting and investigation arrangements: provide more than one reporting route, communicate available support and ensure concerns are investigated promptly, impartially and consistently.
- Address third-party risks: set behavioural expectations in contracts, notices or codes of conduct, and empower employees and managers to stop, refuse or escalate inappropriate interactions.
- Keep evidence and review effectiveness: retain risk assessments, policy review records, training attendance, staff communications and anonymised trend data. Review measures after complaints, organisational changes and emerging risks.
How Nockolds HR can support your organisation
Preparation should be proportionate, but it must also be credible. A standard template or annual training session will not necessarily address the particular risks in an organisation. Employers must be able to explain what they considered, what action they took and how they know their arrangements remain effective.
Our team of HR Consultants at Nockolds HR can provide practical guidance and advice to help employers prepare for the strengthened duty. This includes reviewing or developing a sexual harassment policy, completing a tailored workplace risk assessment, delivering staff awareness training and providing focused manager training that is tailored to your business. We can also help establish effective reporting arrangements, communicate expected standards and handle allegations carefully if they arise.
Acting now will give employers time to consult, communicate and embed their arrangements before 30 October 2026. More importantly, it can help create a workplace in which employees understand the standards expected, feel confident raising concerns and are protected by preventative measures that operate in practice – not merely on paper.
To discuss this in more detail, reach out to our team of HR Consultants for further information.