On 30 October 2026, some of the most significant changes to workplace harassment law in more than a decade come into force under the Employment Rights Act 2025.
For employers, the message is clear. Having a policy and responding when something goes wrong is no longer enough. Organisations will need to show that they have taken every reasonable step to prevent harassment from happening in the first place.
For leaders, this is not only a legal question. It is a question of culture, power and whether people feel safe enough to speak up.
What is changing on 30 October 2026
1. From "reasonable steps" to "all reasonable steps"
Since October 2024, employers have had a duty to take reasonable steps to prevent sexual harassment of their employees. From 30 October 2026, that duty is strengthened: employers must take all reasonable steps.
In practice, this means doing every reasonable thing an organisation of that size, sector and nature could do, not just some of them. The focus is on prevention rather than reaction, across the whole organisation, and it covers harassment both in person and online.
2. Employers become liable for third-party harassment
Employers will also be liable for harassment of their employees by third parties, such as customers, clients, patients, service users, contractors, suppliers and members of the public, where they have not taken all reasonable steps to prevent it.
Importantly, this is not limited to sexual harassment. It covers harassment related to protected characteristics under the Equality Act 2010, including race, disability, age, and religion or belief. A single incident can be enough, and there is no need for previous incidents to have occurred.
What is already in place
The existing consequences still apply. Where a tribunal finds that an employer has breached the preventative duty in a successful sexual harassment claim, compensation can be increased by up to 25 per cent. The Equality and Human Rights Commission (EHRC) can also take enforcement action.
Since April 2026, disclosures about sexual harassment have also been expressly recognised as protected disclosures under whistleblowing law.
What is expected next
Regulations setting out the specific steps employers should take are expected in 2027. Changes are also expected that will make confidentiality agreements void where they stop workers speaking about harassment or discrimination, or about how their employer responded.
What "all reasonable steps" looks like in practice
There is no single checklist, and what is reasonable will depend on the organisation. However, the following areas are where employers and leaders should be focusing now.
- Risk assessment: understand where harassment is most likely to happen in your organisation, including customer-facing roles, lone working, travel, social events and online spaces, and act on what you find.
- Clear policy: update harassment, grievance and equality policies so that they cover online conduct, third parties and all protected characteristics, and make sure people know where to find them.
- Safe reporting: offer more than one way to raise a concern, including routes that do not go through a line manager, and make sure people trust that action will follow.
- Meaningful training: move beyond annual tick-box modules to practical, scenario-based learning for all staff, with additional training for managers and those who handle complaints.
- Third-party expectations: set out the standards expected of customers, suppliers and visitors, and agree how the organisation will respond when those standards are not met.
- Fair, timely investigations: make sure complaints are handled promptly, fairly and by people with the right skills.
- Evidence and review: record what you have done, why and how you know it is working. If a tribunal or the EHRC looks at your approach, evidence will matter.
A quiet complaints inbox is not evidence of a safe workplace.
Why culture and leadership matter most
Harassment rarely happens in isolation. It is more likely where there are significant power imbalances, where certain behaviours have been tolerated for a long time, or where people do not believe that speaking up will make a difference.
That is why prevention cannot sit with HR alone. Leaders set the tone through what they role model, what they challenge and what they let pass. Managers are often the first point of contact when someone raises a concern, and how they respond in that moment can shape whether others feel able to come forward.
The new duty is also an opportunity. Organisations that take prevention seriously are building workplaces where people feel safe, respected and that they matter. That is good for wellbeing, for retention and for the people they serve.
Inclusivitii sexual harassment prevention sessions, November 2026
Inclusivitii works with organisations across government and the public, private and voluntary sectors on inclusive leadership, culture change and learning that changes practice, including sexual harassment and anti-bullying training.
In November 2026, Inclusivitii is running sexual harassment prevention sessions for organisations, alongside short taster sessions for leaders, managers and people professionals. The sessions explore what the October 2026 changes mean in practice, how to recognise and respond to harassment, including by third parties, and how leaders can build a culture where people feel safe to speak up.
Sessions can also be tailored and delivered in-house for leadership teams, managers and all staff.
To register your interest in a taster session or to discuss in-house delivery, contact Inclusivitii at support@inclusivitii.com or through the contact page.
This article provides general information and is not legal advice. Organisations should seek specific legal advice on their own circumstances.