The Employment Rights Act 2025 strengthens protections against sexual harassment in the workplace and from October 2026, employers will have a new proactive duty to prevent sexual harassment, including harassment from third parties.
Employers must take “all reasonable steps” to prevent this type of harassment and be able to prove it, and the new duty will mean they are also liable for third-party actions.
If challenged by a tribunal, employers would need to demonstrate that there were no further steps they could have reasonably taken to prevent sexual harassment.
So, what could “all reasonable steps” look like?
Clear policies and procedures and training
Update sexual harassment and anti-harassment policies. Develop training and awareness for all levels of seniority. Keep training records up to date and ensure regular refresher training takes place.
Risk assessments
Conduct proactive risk assessments in the workplace regularly. Assess physical and virtual environments, including lone working and hybrid environments, business travel and work events (particularly where alcohol is consumed).
Ensure that every risk is documented as well as steps taken to mitigate the risks.
Engagement and communication
Promote positive values of dignity, respect and inclusion. Ensure employees are aware of sexual harassment policies.
Use staff surveys and 1-2-1s to engage with staff and help understand where there may be potential issues.
Reporting
Ensure employees are aware of policies and how to report incidents through established confidential channels.
Encourage staff to report incidents and ensure that action is taken when complaints are made.
Keep confidential records of concerns raised so that trends can be identified.
Third parties
Audit third party relationships to understand which employees come into contact with third parties and what the nature of that contact is (i.e. in person meetings, site visits, online meetings).
Inform third parties (such as a client or supplier’s employees) of zero tolerance of sexual harassment.
Include clauses in contracts with third parties that hold them accountable for harassment.
Support
Provide Employee Assistance Programmes or other support for employees who may suffer harassment.
How Bedrock HR can help to deal with the Sexual Harassment Protections?
If you need assistance with preparing for these changes, whether preparing a robust policy and risk assessments, arranging training or help with setting up an Employee Assistance Programme, the team at Bedrock HR can help.
Contact the team today to arrange a no-obligation call and discuss how we can support your workplace on 0203 330 0827 or [email protected].
Frequently Asked Questions About Sexual Harassment Protections Included in the Employment Rights Act 2025.
When do the new workplace sexual harassment laws take effect?
The strengthened sexual harassment protections introduced by the Employment Rights Act 2025 are scheduled to take effect on 30 October 2026. Employers should review their existing policies, training, risk assessments and reporting procedures well before this date.
What changes are being made to workplace sexual harassment law?
Employers are already required to take reasonable steps to prevent sexual harassment. From 30 October 2026, this duty will be strengthened so that employers must take “all reasonable steps”. Employers will also have a duty to protect employees from harassment by third parties, such as customers, clients, suppliers, contractors, patients and members of the public.
What does “all reasonable steps” mean for employers?
There is no single checklist that will apply to every organisation. The steps considered reasonable will depend on factors such as the employer’s size, resources, working environment and the risks employees face. Employers should identify potential risks and take every reasonable and proportionate step available to reduce them.
What is third-party harassment in the workplace?
Third-party harassment is harassment carried out by someone who is not the employer or one of its employees. This could include a customer, client, supplier, contractor, patient, service user or visitor. It may occur face to face, online, over the telephone, during business travel or at a work-related event.
Can an employer be liable for harassment by a customer or client?
An employer may be liable where an employee is harassed by a third party in the course of their employment and the employer failed to take all reasonable steps to prevent it. Employers should assess where third-party contact occurs and introduce suitable preventative measures.
Do small businesses need to comply with the new sexual harassment duty?
Yes. The strengthened duty will apply to employers regardless of their size. What constitutes a reasonable step may vary according to the organisation’s circumstances and resources, but small employers will still need to demonstrate that they have identified risks and taken appropriate preventative action.
Is having an anti-harassment policy enough?
A written policy is important, but it is unlikely to be sufficient on its own. Employers should ensure the policy is communicated effectively, supported by appropriate training, reflected in workplace practices and regularly reviewed. Employees must also understand how to report concerns and feel confident that complaints will be taken seriously.
How often should sexual harassment training be provided?
Training should be provided when employees join the organisation and refreshed regularly. Additional training may be needed following a workplace incident, a change in risk or working practices, or where monitoring indicates that employees do not fully understand the policy. Managers should receive specific training on responding to concerns and handling complaints.
Should employers conduct a sexual harassment risk assessment?
Employers should proactively assess where sexual harassment could occur and who may be at increased risk. The assessment should consider the physical workplace, remote and hybrid working, lone working, business travel, social events, online communication and contact with customers or other third parties.
What evidence should employers retain?
Employers should keep appropriate records of risk assessments, policy reviews, training and attendance, staff communications, reports and complaints, investigations and the action taken in response. These records can help demonstrate that preventative measures have been considered, implemented and reviewed.
How should employees report sexual harassment?
Employers should provide clear, accessible and confidential reporting channels. Employees should know who they can speak to, how their concern will be handled and what support is available. Where possible, more than one reporting option should be offered in case the usual contact is involved in the complaint.
What should employers do before October 2026?
Employers should review their policies, identify workplace and third-party risks, update training, establish confidential reporting procedures and communicate expected standards of behaviour. They should also consider appropriate clauses and codes of conduct for customers, suppliers, contractors and other third parties.
How can Bedrock HR help employers prepare?
Bedrock HR can help employers review and update their policies, conduct workplace risk assessments, arrange appropriate training, strengthen reporting procedures and introduce employee support such as an Employee Assistance Programme. Contact the team on 0203 330 0827 or [email protected] to arrange a no-obligation discussion.
