Employers will need to take all reasonable steps to prevent sexual harassment

From 30 October 2026, employers will have a strengthened legal duty to prevent sexual harassment at work.

Employers already have a duty to take reasonable steps to prevent sexual harassment. The Employment Rights Act 2025 will raise this standard by requiring employers to take all reasonable steps.

The changes will also introduce a new obligation on employers not to permit their employees to be harassed by third parties, such as customers, clients, contractors, suppliers or members of the public.

For SMEs, this means that simply having a policy in place will not be enough. Businesses will need to demonstrate that they have actively considered the risks within their workplace and taken appropriate preventative action.

What is changing?

The current preventative duty has applied since October 2024. It requires employers to anticipate situations in which sexual harassment might occur and take reasonable steps to reduce the risk.

From 30 October 2026, the word “all” will be added to the duty.

This means employers will be expected to consider every reasonable and proportionate preventative step available to their business.

The government will also have the power to introduce regulations specifying particular evidence-based steps employers may be required to take. These regulations will complement, rather than replace, the wider duty to take all reasonable steps.

What this means for employers

The focus will increasingly be on what the employer did before an incident or complaint occurred.

Responding properly to a complaint will remain essential. However, employers may also need to show that they had already:

·      identified where sexual harassment could arise;

·      communicated clear standards of behaviour;

·      provided appropriate training;

·      given employees safe and accessible reporting routes;

·      prepared managers to recognise and respond to concerns;

·      considered risks involving customers and other third parties; and

·      kept evidence of the preventative steps taken.

The appropriate steps will depend on the size, structure and circumstances of the organisation. A small office-based business may face different risks from a hospitality company, care provider, retailer or business whose employees regularly work alone or attend external events.

The important point is that each employer should have actively considered its own risks rather than relying on a generic policy.

What should businesses review now?

1. Sexual harassment and equality policies

Check that your policies are clear, current and easy for employees and managers to understand.

Policies should explain what sexual harassment is, provide appropriate examples, set expected standards of behaviour and explain how concerns can be reported.

2. Workplace risk assessments

Consider where and when sexual harassment could occur.

Potential risk areas may include:

·      customer-facing roles;

·      lone working;

·      work-related social events;

·      business travel;

·      overnight stays;

·      informal messaging groups;

·      remote or online communication;

·      seniority or power imbalances; and

·      workplaces involving alcohol or late-night working.

The assessment should reflect how your organisation actually operates.

3. Third-party harassment

Review how your business manages risks involving customers, clients, contractors, suppliers and members of the public.

Businesses should consider how employees can report inappropriate third-party behaviour, what managers should do when concerns are raised and when the organisation may need to warn, restrict or stop dealing with an individual.

Commercial importance should never be treated as a reason to ignore harassment.

4. Manager responsibilities

Managers should understand how to recognise concerns, respond appropriately and escalate matters promptly.

They should avoid dismissing behaviour as “banter”, trying to investigate serious allegations informally or promising complete confidentiality where this cannot be guaranteed.

Managers should also know who to contact for support before taking action.

5. Employee and manager training

Employees should understand:

·      what sexual harassment can look like;

·      the standards of behaviour expected at work;

·      how to report a concern;

·      what to do if they witness inappropriate behaviour; and

·      how the organisation will respond.

Training should be meaningful and appropriate to the workplace. A record should be kept of who completed it, when it was completed and which version of the training was provided.

6. Reporting routes

Employees should have more than one practical way to raise a concern where possible.

For example, an employee who is uncomfortable reporting an issue to their immediate manager may need access to another manager, a senior leader or an HR contact.

Employers should make it clear that concerns will be taken seriously and that employees will not be treated negatively for raising them in good faith.

7. Complaints and investigations

Review whether your grievance and investigation procedures are suitable for complaints involving harassment.

Complaints should be handled promptly, sensitively and fairly. The person investigating should be appropriately independent and should keep clear records of the evidence considered, meetings held, decisions reached and actions taken.

8. Evidence and record keeping

Employers should be able to demonstrate the preventative work they have completed.

Useful records may include:

·      policies and policy review dates;

·      workplace risk assessments;

·      employee communications;

·      training attendance and completion records;

·      manager guidance;

·      reports and complaints;

·      investigation documents;

·      actions taken following concerns; and

·      periodic reviews of whether existing measures remain effective.

A question for business owners and managers

If a sexual harassment complaint was raised tomorrow, could you evidence the steps your business had already taken to prevent it?

If the answer is unclear, now is the time to review your arrangements.

How WorkSmarter can help

WorkSmarter helps businesses keep important HR information organised in one secure location.

Policies, employee communications, training records, signed documents, meeting notes, complaints and supporting evidence can be retained alongside the relevant employee records.

This matters because compliance is not only about saying that preventative steps have been taken. Employers should also be able to show:

·      which policy was in place;

·      when it was reviewed;

·      who received training;

·      what guidance managers were given;

·      how concerns were recorded; and

·      what action the business took.

WorkSmarter Shield can also provide practical HR guidance, documentation and manager support when businesses are reviewing their arrangements or responding to an employee concern.

Recommended next steps

Employers should begin preparing ahead of 30 October 2026 by:

1.        reviewing their sexual harassment and equality policies;

2.        completing a workplace-specific risk assessment;

3.        identifying potential third-party risks;

4.        checking that reporting routes are accessible;

5.        arranging appropriate employee and manager training;

6.        issuing clear guidance to managers;

7.        reviewing complaint and investigation procedures; and

8.        keeping evidence of each action completed.

Taking these steps now can help create a safer workplace, give managers greater confidence and reduce the risk of the business being unable to demonstrate that it took all reasonable preventative measures.

Please note: This legal update is for general information and educational purposes only. It should not be treated as legal advice. Employers should obtain appropriate HR or legal advice before making employment decisions, handling individual complaints or updating policies.