From 30 October 2026, employers in England, Wales and Scotland will have to take all reasonable steps to prevent the sexual harassment of their employees, which is a higher bar than the current duty to take reasonable steps.
From the same date, an employee who is harassed (whether sexually or otherwise) by a third party in the course of their employment will be able to bring a claim against their employer in the employment tribunal if the employer failed to take all reasonable steps to prevent it.
So, what are the new duties, and what counts as “all reasonable steps”? I’ve set out my thoughts below.
What is the current position?
Since 26 October 2024, employers have been under a duty to take reasonable steps to prevent the sexual harassment of their employees in the course of their employment (the “preventative duty”).
The preventative duty requires employers to take reasonable steps to prevent the sexual harassment of their employees by all types of people, both internal (other colleagues), and external (clients, customers, the public).
However, to date, the preventative duty has lacked teeth. Where sexual harassment by colleagues is concerned, the introduction of the preventative duty didn’t change much in practice. Employees have long been able to bring a claim against their employer if they are sexually harassed (or otherwise harassed) by a fellow employee in the course of their employment, unless the employer can show they took all reasonable steps to prevent it.
Although the preventative duty extends to sexual harassment committed by third parties (e.g. customers, clients and contractors), an employee who is sexually harassed by a third party currently has no standalone tribunal claim against their employer available to them.
So, what are the risks of breaching the preventative duty? The Equality and Human Rights Commission (EHRC) is the only body that can enforce the duty directly, and while it can take enforcement action, it is likely to focus on the largest employers and the most serious breaches, at least to begin with. Separately, where an employee succeeds in a claim which involves sexual harassment and is awarded compensation, the tribunal must consider whether the employer breached the preventative duty. If it did, the tribunal can increase the compensation by up to 25%.
These are real risks, but because an employee cannot bring a claim for a breach of the preventative duty alone, they are modest, and it is understandable that this slightly confusing framework has slipped to the bottom of employers’ to-do-lists.
What is the position from 30 October 2026?
From 30 October 2026, there will be two further changes to the law in this area.
First, the preventative duty becomes a duty to take all reasonable steps to prevent sexual harassment of employees: a more demanding standard for employers. The up-to-25% uplift remains available for claims involving sexual harassment where the preventative duty has been breached.
Second, an employer must not “permit” a third party to harass one of their employees. If it does, an employee may bring a standalone employment claim. An employer permits harassment if it happens in the course of the employee’s employment and the employer fails to take all reasonable steps to prevent it. A single incident can be enough, and the employer does not need to have known about any earlier problems. This new provision covers all types of harassment under the Equality Act 2010, not just sexual harassment. However, if the employee is successful and their claim does involve sexual harassment, the up-to-25% uplift will be available.
What should employers be doing?
First and foremost, employers should have in place an up-to-date and tailored harassment and sexual harassment policy, covering prevention, reporting and handling of complaints.
All employers should carry out a risk assessment to ascertain where the risk of harassment may arise. Employers whose staff regularly engage with the public, clients, or who work off-site should take additional care over their risk assessments and policies.
It is also important to ensure staff are aware of their obligations and trained in how to report and handle concerns.
Whilst the Government has power to make regulations specifying steps that are to be regarded as reasonable, no date has yet been announced for the regulations (although some commentators expect them to be introduced in 2027). The EHRC, which has enforcement powers, has said it is “working” to update its current guidance (available here), but it has not yet confirmed a publication date.
In the meantime, we can draw on the current guidance and some related case law. What counts as reasonable for your business is a question of fact, and this is where advice can make a difference. If you would like to talk through what this means specifically for your business and how we can help, please get in touch.
FAQs
What are the sexual harassment law changes from October 2026?
From 30 October 2026, employers in England, Wales and Scotland will have to take all reasonable steps to prevent sexual harassment of their employees. A new right will also allow employees to bring a claim where they are harassed by a third party in the course of their employment and their employer failed to take all reasonable steps to prevent it.
What does “all reasonable steps” mean under the new sexual harassment duty?
There is no single checklist that will apply to every employer. What amounts to all reasonable steps will depend on the organisation, its workforce and the risks employees face. Relevant measures may include tailored policies, risk assessments, staff training, clear reporting routes and effective procedures for dealing with complaints.
What is third-party harassment under the Employment Rights Act 2025?
From 30 October 2026, an employer can be liable where a third party harasses an employee in the course of their employment and the employer failed to take all reasonable steps to prevent it. Third parties can include customers, clients, contractors and members of the public.
Can employers be liable for third-party harassment at work?
Yes. An employer may face a standalone employment tribunal claim if a third party harasses an employee in the course of their employment and the employer failed to take all reasonable steps to prevent it.
Can one incident of third-party harassment lead to an employment tribunal claim?
Yes. The new provisions do not require a previous pattern of harassment or prior knowledge of earlier incidents. A single incident can be enough if the harassment takes place in the course of employment and the employer failed to take all reasonable steps to prevent it.
Do employers need a sexual harassment risk assessment?
Employers should carry out a risk assessment to identify where sexual harassment or third-party harassment could arise. Particular attention may be needed where employees deal with customers or clients, work off-site or regularly interact with members of the public.
What should employers do before the October 2026 harassment law changes?
Employers should review their harassment and sexual harassment policies, carry out a risk assessment and consider where harassment risks may arise in practice. Staff should also understand how to report concerns and how complaints will be handled.
What is the penalty for breaching the duty to prevent sexual harassment?
Where an employee succeeds in a claim involving sexual harassment, an employment tribunal can increase compensation by up to 25% if the employer has breached the preventative duty. From 30 October 2026, employers will also face the higher standard of taking all reasonable steps to prevent sexual harassment.
