Workplace harassment law changes 2026: What employers need to know

Workplace harassment law changes 2026: What employers need to know

Employers should be reviewing their approach to workplace harassment due to the changes that came into force on 30th October 2026.

The changes strengthen workplace harassment protection in two significant ways. First, employers will be required to take all reasonable steps to prevent sexual harassment, raising the current standard. Secondly, employers may be liable for harassment committed by third parties where they cannot demonstrate that they took all reasonable steps to prevent the harassment. Importantly, the third-party provisions extend beyond sexual harassment and apply to harassment related to the other characteristics protected by the Equality Act 2010 including race and age for example.

The significance of "all reasonable steps"

Since October 2024, employers have been subject to a proactive duty to take reasonable steps to prevent sexual harassment. From 30 October 2026, that duty will require employers to take all reasonable steps to prevent sexual harassment, raising the standard expected of employers and placing greater emphasis on prevention.

In practice, the focus is likely to shift from whether an employer took some reasonable action to whether it can demonstrate that it considered and implemented all measures that were reasonably available in the circumstances, this is a high burden to reach. Employers should assess the risks across their business and consideration should be given not just to the physical workplace but also to remote working arrangements, online communications, business travel, conferences, social events and any other situations where employees may be exposed to inappropriate conduct.

In respect of additional preventative measures these could include enhanced reporting mechanisms, detailed and regular training across the workforce, targeted interventions in higher-risk areas, increased management accountability, and the regular monitoring and review of the effectiveness of existing controls. Policies and procedures should of course be reviewed and employers should also consider their data. Employee surveys, exit interview feedback and grievance trends can all help identify cultural issues or concerns that might otherwise remain hidden.

The Government is to introduce regulations setting out how employers can take all reasonable steps to prevent sexual harassment but unhelpfully it is unlikely to be some time before these come into force despite the fact that employment tribunals can increase compensation awards by up to 25% where an employer is found to have breached the new duty.

Managing third-party risks

In respect of liability for third-party harassment, employees often interact with customers, contractors, service users, suppliers and members of the public. Where harassment occurs in the course of those interactions, employers may face liability if they cannot demonstrate that they took all reasonable steps to prevent it.

Employers should therefore regularly assess the risks associated with third-party interactions and take steps to reduce those risks. Preventative measures may include communicating behavioural expectations to customers, displaying zero-tolerance notices, implementing escalation procedures for problematic individuals and ensuring employees know how to report incidents involving third parties.

Commercial and procurement teams should also review contracts and onboarding arrangements and should ideally address standards of conduct, reporting obligations, information sharing, cooperation during investigations and the allocation of responsibility when allegations arise. Existing contractual relationships should not be overlooked.

Embedding prevention

The practical message for employers is clear - having a policy in place will no longer be enough. Organisations will need to demonstrate that they understand the harassment risks facing their workforce, that they have taken all reasonable steps to address those risks and that those measures are regularly reviewed and updated.

Need help reviewing your current approach? Get in touch with our team.