Workplace sexual harassment law is changing again: what employers must do before 30 October 2026

What is the law now?

The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force on 26 October 2024. It introduced a positive duty requiring employers to take reasonable steps to prevent sexual harassment of their workers.

This is a preventative duty. Employers must consider where sexual harassment could occur and act before an incident happens. The current duty also requires employers to consider sexual harassment by third parties such as customers, clients, contractors, service users and members of the public.

Sexual harassment under the Equality Act 2010 means unwanted conduct of a sexual nature that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. It can be verbal, non-verbal, physical, written or online.

The intention of the person responsible is not the only consideration. Behaviour dismissed as a joke or workplace banter can still amount to sexual harassment because of its effect and the surrounding circumstances.

What changes on 30 October 2026?

The Employment Rights Act 2025 strengthens the preventative duty from 30 October 2026. Employers will be required to take all reasonable steps to prevent sexual harassment, rather than reasonable steps.

That one additional word matters. An employer will need to consider the full range of reasonable preventative measures for its circumstances—not select one or two convenient actions while leaving other obvious risks untreated.

The Act also introduces stronger liability for harassment by third parties. This is particularly important for employers whose people deal with customers, patients, passengers, residents, suppliers, contractors or members of the public.

The precise steps expected will still depend on factors such as the employer’s size, sector, resources, working arrangements, previous concerns and the level of contact with third parties. Larger or more complex organisations are likely to be expected to do more, but small businesses are not exempt.

Whistleblowing protection has already changed

A separate change took effect on 6 April 2026. Sexual harassment was added to the categories that can form the basis of a protected whistleblowing disclosure.

This does not mean that every personal complaint automatically becomes whistleblowing. The usual legal requirements still matter, including whether the worker reasonably believes the disclosure is in the public interest. However, an employer must now consider carefully whether a report raises wider concerns about behaviour, culture, repeated incidents or risks to other workers.

A worker who makes a qualifying protected disclosure is protected from detriment and, if they are an employee, dismissal because of that disclosure. Managers should therefore avoid casually labelling a concern as only a grievance before considering whether whistleblowing protection may also apply.

What happens if an employer does not comply?

The Equality and Human Rights Commission can investigate and take enforcement action where it believes an employer has breached the preventative duty. It does not need to wait for a successful employment tribunal claim before using its enforcement powers.

An individual cannot currently bring a standalone tribunal claim solely because an employer failed to comply with the preventative duty. However, where a tribunal upholds a sexual harassment claim, it must consider whether the preventative duty was breached. Compensation can be increased by up to 25%, reflecting the seriousness of the failure.

The financial award is only part of the exposure. A poorly handled case can also damage trust, retention, client relationships and reputation, while consuming substantial management time.

Start by assessing the real risks

Prevention should begin with a proportionate assessment of where, how and by whom sexual harassment could occur. This is not an exercise in predicting which individual will behave badly. It is about recognising circumstances that make inappropriate behaviour more likely or reporting more difficult.

Consult workers and look at what actually happens, rather than assessing only the formal workplace. Work-related harassment can arise during travel, social events, messaging, video calls, conferences and contact on personal devices.

• Power imbalances involving managers, senior staff, influential clients or insecure workers.
• Lone working, home visits and isolated meetings with customers or service users.
• Work-related events where alcohol is available.
• Overnight travel, shared transport, accommodation and conferences.
• Informal messaging groups, social media and contact outside normal hours.
• A culture where sexual comments, images or intrusive questions are treated as banter.
• Previous complaints, rumours, exit feedback or repeated concerns about the same person or team.
• Workers who may face increased vulnerability, including young workers, apprentices and interns.

Eight practical steps for employers

The correct measures will differ between organisations, but employers should be able to show a connected system of prevention, reporting, response and review.

• 1. Give a senior person clear responsibility. Prevention needs visible ownership, authority and regular review—not an unnamed HR action.
• 2. Complete and record a tailored risk assessment. Identify roles, locations, events, working arrangements and third-party contact that may increase the risk.
• 3. Maintain a clear sexual harassment policy. Define prohibited behaviour, cover online and third-party conduct, explain reporting options and state the possible consequences.
• 4. Provide more than one reporting route. A worker should not have to complain to the person involved or to someone closely connected to them. Consider confidential and, where workable, anonymous routes.
• 5. Train workers and managers properly. Training should explain realistic examples, intervention, reporting and manager responsibilities. Refresh it and test whether people understood it.
• 6. Address third-party risks. Set behavioural expectations for customers, clients, contractors and service users. Give workers authority to seek help, end contact or withdraw from an unsafe situation.
• 7. Investigate complaints fairly and promptly. Protect confidentiality as far as reasonably possible, avoid retaliation, support those involved and follow the ACAS Code where grievance or disciplinary action is required.
• 8. Review effectiveness. Track concerns, near misses, themes and outcomes. Revisit controls after an incident, organisational change, new working arrangement or evidence that people do not trust the reporting process.

Why a policy and annual training may not be enough

A policy matters, and training matters. Neither proves that all reasonable steps were taken if they bear little relationship to the actual risks.

Tribunals and regulators are likely to be interested in whether the policy was communicated, managers understood their role, training remained current, previous warning signs were acted upon and measures covered the places and people where the risk genuinely existed.

A generic online module followed by silence is weaker than a system in which expectations are reinforced, managers intervene early, workers know how to report concerns and leaders review whether the controls work.

Do not forget customers, clients and contractors

Third-party harassment can be particularly difficult because an employer may feel it has less control over someone who is not an employee. That does not justify doing nothing.

Reasonable measures might include contractual behaviour standards, notices, reporting arrangements, safer staffing, alarms, avoiding lone contact with known risks, removing a worker from a situation without disadvantaging them, warning or excluding the third party and ending a commercial relationship in serious cases.

The response should protect the worker rather than treating them as the inconvenience. Simply moving the worker, changing their duties or telling them to tolerate a valuable client can deepen the harm and legal risk.

What North East employers should do before October

Employers across Stockton-on-Tees, Middlesbrough, Darlington, County Durham, Sunderland, Newcastle and the wider North East should use the period before 30 October 2026 to test their arrangements against the stronger standard.

Do not wait for further guidance before tackling obvious gaps. Review the risks, policy, reporting routes, training, manager competence, third-party controls and the response to earlier concerns. Record why each measure is appropriate and when it will be reviewed.

The aim is not to create a defensive folder for a future tribunal. It is to make inappropriate behaviour less likely, help people speak up early and ensure managers know how to respond properly when a concern is raised.

How HR + SAFETY can help

HR + SAFETY helps employers assess workplace sexual harassment risks, update policies, establish reporting routes, train managers and connect prevention arrangements with fair grievance and disciplinary procedures.

If your current arrangements begin and end with a policy, now is the time to find the gaps and build a practical prevention plan before the stronger duty takes effect.