Employers across the UK must take “all reasonable steps” to prevent sexual harassment from 30 October 2026, as stronger legal protections come into force.
The Equality and Human Rights Commission (EHRC) is urging organisations to act before incidents occur, including protecting employees from harassment by customers, clients and other third parties. The changes, introduced under the Employment Rights Act 2025, strengthen employers’ legal responsibilities to prevent workplace harassment and increase the importance of proactive risk assessments, effective training, clear reporting procedures and accountability.
To help organisations meet their obligations, the EHRC has published updated technical guidance on harassment at work, alongside its practical eight-step guide to preventing sexual harassment. The regulator is also reminding businesses to consider heightened risks around work-related social events, particularly Halloween parties taking place this week, where alcohol, out-of-hours socialising and blurred professional boundaries can increase the risk of inappropriate behaviour.
edThe changes come amid continued concerns about workplace abuse and employers’ responses to harassment. Earlier this year, research revealed that eight in 10 UK workers had experienced abuse at work. This included nearly one in 10 who reported sexual harassment or violence.
WHAT CHANGES UNDER THE NEW HARASSMENT LAWS?
From 30 October 2026, employers must take “all reasonable steps”, rather than simply “reasonable steps”, to prevent sexual harassment of their workers. The distinction is significant. Previously, employers could potentially satisfy the preventative duty by taking some reasonable measures. Under the strengthened requirement, organisations are expected to implement all preventative measures that are reasonable in their particular circumstances.
This means employers must assess risks before harassment occurs, put appropriate protections in place and regularly evaluate whether those measures are working. The new legislation also introduces express employer liability for harassment by third parties where an employer has failed to take all reasonable preventative steps.
Third parties can include customers, clients, contractors, patients, service users and members of the public. Importantly, these protections extend beyond sexual harassment to other forms of harassment covered by the relevant provisions of the Equality Act 2010. This includes harassment related to protected characteristics such as race, disability, religion, age and sexual orientation.
Employers can be held legally responsible for harassment involving their workers unless they can demonstrate that they took all reasonable steps to prevent it. The strengthened provisions apply in England, Scotland and Wales, but not Northern Ireland, where equality and discrimination legislation is devolved.
EMPLOYERS MUST TAKE ACTION BEFORE INCIDENTS OCCUR
Dr Mary-Ann Stephenson, EHRC Chair, stressed that employers must move beyond reactive approaches to harassment. “Everyone should be able to do their job free from harassment. The law now requires employers to take all reasonable steps to prevent sexual harassment. This means looking at where risks arise, acting before incidents happen and checking that preventative measures are effective,” stated Stephenson.
“As the equality regulator, it’s our job to help employers fully understand their responsibilities to protect their staff from harassment. Our updated guidance gives employers practical support to understand the law, providing examples of reasonable preventative steps that can be taken as well as information on preventing third-party harassment,” added Stephenson. “We urge employers to read our updated guidance and make sure the right protections are in place.”
PROTECTING STAFF FROM CUSTOMERS AND CLIENTS
The strengthened protections are particularly important for employees in public-facing roles. This includes those working in retail, hospitality, healthcare, transport and customer services. The EHRC’s updated guidance explains practical measures employers can take to reduce third-party harassment risks. This includes conducting workplace risk assessments, avoiding unnecessary lone working and providing employees with training to de-escalate abusive or harassing behaviour.
Organisations should also make clear that harassment by customers, clients and other external parties will not be tolerated, and ensure employees have safe, accessible ways to report incidents. The need for stronger protections is reinforced by previous research. As Fair Play Talks reported in August 2026, fewer than half of frontline workers believed employers took meaningful action following reports of customer abuse.
That study found that just 48% believed reporting customer abuse or aggression led to meaningful action, highlighting the gap between having reporting procedures and ensuring complaints are properly addressed. The new rules place greater emphasis on employers’ responsibility to anticipate and reduce these risks rather than waiting for employees to experience harassment before acting.
HALLOWEEN PARTIES AND WORK SOCIAL EVENTS: A REMINDER FOR EMPLOYERS
With Halloween celebrations taking place across workplaces this week, the EHRC is reminding employers that their responsibilities can extend to work-related social events. This includes those taking place outside normal working hours or away from the usual workplace.
Alcohol consumption, informal settings and power imbalances can increase the risk of inappropriate conduct. Employers should identify and address these risks in advance, set clear expectations for behaviour, provide accessible ways to report concerns and equip managers to respond promptly and appropriately.
The same principles apply to Christmas parties, corporate entertainment, conferences, networking events and other work-related gatherings. A social occasion does not remove an employer’s responsibilities to protect workers from unlawful harassment.
WHAT EMPLOYERS SHOULD DO NEXT: EHRC’S EIGHT RECOMMENDATIONS
The EHRC’s eight-step guide to preventing sexual harassment at work provides practical guidance for organisations seeking to strengthen preventative measures. Key recommendations include:
1. Develop an effective anti-harassment policy.
Ensure policies clearly define unacceptable behaviour, explain employees’ rights, cover harassment by colleagues and third parties, and set out reporting and investigation procedures. Review and communicate policies regularly.
2. Engage employees and listen to their experiences.
Use staff surveys, one-to-one discussions, employee networks and exit interviews to identify concerns, understand workplace culture and ensure workers know how to raise issues safely.
3. Assess and reduce workplace risks.
Conduct regular risk assessments covering power imbalances, lone working, customer-facing roles, alcohol consumption, business travel, work social events and other circumstances that could increase exposure to harassment. Take appropriate action to reduce identified risks.
4. Establish safe and accessible reporting channels.
Provide confidential reporting mechanisms, including anonymous options where appropriate. Ensure employees know how to report concerns and maintain secure records to identify patterns or recurring problems.
5. Provide effective, behaviour-based training.
Train all employees, managers and senior leaders to recognise sexual harassment, understand acceptable behaviour, intervene appropriately and respond to complaints. Provide additional practical training for workers facing heightened risks from third parties.
6. Respond promptly and fairly to complaints.
Investigate concerns without unnecessary delay, protect those reporting or witnessing harassment from victimisation, respect confidentiality and communicate outcomes and appeal procedures.
7. Prevent harassment by third parties.
Assess risks involving customers, suppliers, contractors and service users. Consider measures such as avoiding lone working, improving staffing arrangements, providing de-escalation training and setting clear expectations for external parties.
8. Monitor and evaluate preventative measures.
Regularly review incidents, employee feedback, training effectiveness, policies and risk assessments. Update preventative measures when circumstances change or weaknesses emerge.
The EHRC emphasises that these steps are not an exhaustive checklist. Employers must consider the risks relevant to their organisation and implement all reasonable measures necessary to prevent harassment. Employers can also consult the regulator’s technical guidance on harassment and sexual harassment at work. This provides further detail on legal responsibilities and preventative action.
WHY POLICIES ALONE ARE NOT ENOUGH
The stronger legal duties arrive against a backdrop of research highlighting persistent gaps in workplace harassment prevention, reporting and employee confidence. Previous Fair Play Talks reporting found that around one-third of UK employees had experienced sexual harassment at work, while many incidents were never reported to employers or HR departments.
In the same study, 76% of respondents said they had not received training on sexual harassment. Additionally, 41% were unaware of whether their employer had policies addressing the issue. More recently, research into workplace toxicity found that nearly seven in 10 employees reported toxic working environments, with bullying, harassment and discrimination among the behaviours identified.
These findings reinforce the importance of ensuring that workplace policies translate into meaningful protection and that employees feel confident raising concerns without fear of retaliation.
PREVENTION, ACCOUNTABILITY AND CULTURE CHANGE
The new requirements represent a further shift towards preventative responsibility, requiring employers to identify foreseeable risks, implement appropriate measures and demonstrate that those measures are effective. For business leaders, HR professionals and managers, this means treating harassment prevention as an ongoing organisational responsibility rather than simply an annual compliance exercise.
It also means ensuring that third-party conduct receives the same serious consideration as inappropriate behaviour by employees, particularly where staff face regular contact with customers, clients or the public. Ultimately, the strengthened legislation aims to make employers more accountable for creating environments where people can work without fear of harassment. The message from the EHRC is clear – employers must not wait for harassment to happen before taking action.
For more information, employers can access the EHRC’s guidance on preventing sexual harassment at work alongside Acas guidance on the strengthened sexual harassment duty and new protections against third-party harassment.
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