Preparing for your new harassment prevention duties

From 30 October 2026, employers will be required to take ‘all reasonable steps’ to prevent sexual harassment of employees under the Employment Rights Act 2025.

The reforms will also introduce new duties relating to harassment by third parties, including customers, clients and contractors.

Many employers already have anti-harassment policies in place. However, compliance with the new requirements is likely to involve more than simply updating handbook wording. Employers should assess the specific risks within their workplace, ensure staff understand how to raise concerns and provide managers with the knowledge and confidence to respond appropriately.

What will employers need to do?

The new duties will require employers to take a more proactive approach to preventing harassment. Rather than relying solely on written policies, organisations should consider the risks present in their workplace, how those risks are being managed and whether employees know how to report concerns.

Training will also play a key role. Employees need to understand what sexual harassment can look like and how to raise concerns, while managers need the confidence to respond appropriately when issues are reported. The EHRC’s guidance recommends training workers, managers and senior leaders, and regularly reviewing whether that training remains effective.

The following steps can help employers review their arrangements and prepare for the new duties.

For further guidance on the upcoming changes, watch back our webinar on the sexual harassment reforms, part of the ERA Blueprint Series, which explores how the new duties could apply in practice, examines relevant case law and highlights steps employers can take to prepare.

Step 1: Develop an effective anti-harassment policy

Employers may have a standalone sexual harassment policy or a broader anti-harassment policy.

A good policy should:

• Specify who is protected
• State that sexual harassment is unlawful and will not be tolerated
• Confirm the employer’s duty to take reasonable steps to prevent sexual harassment
• Explain that harassment and victimisation may result in disciplinary action, including dismissal
• State that aggravating factors, such as abuse of power, will be considered when determining sanctions
• Define sexual harassment and provide relevant workplace examples
• Include a clear procedure for reporting and addressing complaints
• Address harassment by third parties, such as customers or service users

The section on third-party harassment should explain:

• The employer’s duty to take reasonable steps to prevent it
• That it will not be tolerated
• How workers can report concerns
• The steps the employer will take to prevent and address incidents, including measures such as warnings, bans, reporting criminal conduct or sharing information with other business locations

The policy should also:

• Be reviewed regularly and updated where required
• Apply across all areas of the business, including overseas locations where appropriate

Step 2: Engage your staff

Employers should actively seek feedback through:

• Regular one-to-one meetings
• Staff surveys
• Exit interviews
• Open-door policies

Workers should understand:

• How to report sexual harassment
• The organisation’s policy
• The consequences of breaching it

Step 3: Assess and reduce workplace risks

Conduct regular risk assessments to identify factors that may increase the risk of sexual harassment and consider steps to reduce those risks.

Consider:

• Power imbalances
• Lack of workforce diversity
• Job insecurity
• Lone or night working
• Customer-facing roles
• Alcohol consumption
• Attendance at external events
• Socialising outside work
• Inappropriate workplace behaviour or culture

Step 4: Reporting

Consider implementing confidential reporting systems that allow concerns to be raised anonymously or by name.

Workers should understand:

• Expected standards of behaviour
• How to recognise sexual harassment
• What to do if they experience or witness it

Maintain secure records of all concerns, both formal and informal, to help identify patterns and recurring issues.

Step 5: Training

Provide regular training for all staff, including managers and senior leaders, covering:

• What sexual harassment looks like
• How to respond to incidents
• How to manage complaints appropriately

Where there is a higher risk of third-party harassment, provide additional training on dealing with customers or service users.

Training should be reviewed regularly and refreshed as required.

Step 6: Responding to complaints

Complaints should be addressed promptly and confidentially, taking account of the complainant’s wishes where possible.

Employers should:

• Protect complainants and witnesses from further harassment or victimisation
• Consider temporary measures during investigations
• Discuss reporting serious incidents to the police where criminal conduct may be involved
• Only use confidentiality agreements where lawful, necessary and appropriate
• Communicate outcomes and appeal rights without unnecessary delay

Step 7: Addressing third-party harassment

Harassment by customers, clients, patients, suppliers or other third parties should be treated as seriously as harassment by colleagues.

Employers should take preventative measures, including appropriate reporting procedures and additional safeguards in higher-risk environments.

Step 8: Monitor and review

Regularly evaluate the effectiveness of policies, training and preventative measures.

This may include:

• Reviewing complaint data and identifying trends
• Conducting anonymous staff surveys
• Comparing survey feedback with reported incidents
• Holding lessons-learned reviews following complaints

Policies, procedures and training should be reviewed regularly, with input from employees, staff networks and trade unions where appropriate.

Employers should also consider whether changes in the workplace or workforce require additional preventative measures.