Employment

Andy Wallis, Becci Collins
September 2026

Significant changes to workplace harassment law take effect on 30 October 2026.

The reforms expand employers’ existing duties in relation to harassment by:

  1. introducing more stringent obligations on employers to take “all reasonable steps” to prevent sexual harassment; and
  2. introducing new protections against all forms of harassment by third parties.

These reforms do not simply require employers to respond appropriately when harassment occurs; they require employers to take proactive preventative steps where risks of harassment arise.

What is changing? 

A higher threshold for preventing sexual harassment 

Currently, employers are required to take “reasonable steps” to prevent sexual harassment of their employees. However, from 30 October 2026, employers will be required to take “all reasonable steps” to prevent sexual harassment. 

Whether an employer will be deemed to have taken all reasonable preventative measures will depend on the particular circumstances. While policies and generic training may go some way to helping employers meet their obligations, it is unlikely they will be sufficient to prove all reasonable steps were taken. 

To have the best chance of successfully demonstrating you have taken all reasonable steps, you should be able to demonstrate:

  1. what risks you have identified;
  2. the policies, procedures and other measures you have implemented to deal with those risks;
  3. when training was delivered (and refreshed);
  4. how any complaints have been handled; and
  5. whether the effectiveness of those measures was reviewed.

Contemporaneous records evidencing the above (such as risk assessments, attendance records and training materials, policy review logs, communications to staff or third parties, and written reasons why a proposed measure was not considered reasonable in the circumstances) will be helpful evidence in the event of an allegation that you have not complied with your obligations. 

New protection from harassment by third parties 

An employer must not permit a third party to “harass” its employees. A third party is anyone other than the employer, or another employee and may include:

  • customers and clients; 
  • patients, service users, pupils or students; 
  • self-employed consultants, suppliers, contractors and tradespeople; 

and 

  • other members of the public encountered through work. 

An employer will be treated as permitting the harassment where the third party harasses the employee “in the course of” the employee’s employment and the employer failed to take all reasonable steps to prevent the third party from doing so.

Is third-party harassment limited to sexual harassment? 

No. This is the key distinction between the two reforms. The duty to prevent third-party harassment can cover unlawful harassment related to any protected characteristic (age, disability, gender reassignment, maternity and pregnancy, marriage or civil partnership, race, religion or believe, sex and sexual orientation), as well as conduct of a sexual nature.

Isn’t it quite hard to establish harassment has occurred?

Generally, no. Harassment is typically viewed subjectively (i.e. through the eyes of the victim). This means that what one person may view as harmless ‘banter’, another may view as harassment. In our experience, it is much easier to establish harassment compared with other types of discrimination arising from the Equality Act 2010.

How can an employer prove it has taken the required steps?

When evaluating whether an employer has taken the required steps, consideration will be given to an organisation’s size, sector and the nature of its work. Measures should operate across the organisation and address both in-person and online conduct. They should also extend to conduct that occurs outside of the physical working location (i.e. at work functions and business meetings).

There is no single checklist that will apply to every employer. The appropriate measures will depend on each organisation’s risks, resources and working environment.

The effect on commercial relationships 

The new regime may require difficult decisions where the alleged harasser is, for example, a valuable client, customer or supplier. Employers should consider whether their contracts, booking terms, event rules and escalation procedures give them sufficient options to warn an individual, restrict contact, remove them from premises, change the way services are delivered or, where appropriate, end the commercial relationship.

What should employers do before 30 October 2026? 

Ask yourself if you are ready for the upcoming changes:

  1. If asked for evidence tomorrow, what document(s) would demonstrate the steps we’ve taken to prevent harassment? 
  2. When did we last review whether our policies, training and reporting arrangements were up to date and working in practice?
  3. Have we assessed harassment risks arising from third parties? 
  4. Do our contractual terms and operational procedures give us practical options to address third-party misconduct? 
  5. Are staff trained on the potential risks and how to make complaints? In addition, are managers trained to respond appropriately? 
  6. What have we learnt from any previous reports of harassment or sexual harassment?
  7. Do we foster a culture of openness? Do we convey that harassment will not be tolerated and victims will be appropriately supported?
  8. Review policies and procedures. Carry out risk assessments. Refresh training. Review and update third party terms. Keep written records of all steps taken. Repeat at regular intervals.

How we can help 

Please get in touch with our Employment team who can help you ensure your business is fully prepared prior to of 30 October 2026, and who can also advise appropriately should any allegations of harassment be made.

This article is intended as general information only and does not constitute legal advice. Specific advice should be taken on individual circumstances.