Since October 2024 employers have had to take reasonable steps to prevent sexual harassment. From 1 October 2026 the duty strengthens to all reasonable steps and explicit third-party harassment protections take effect.
Understand the duty in force today
The Worker Protection (Amendment of Equality Act 2010) Act 2023 created a positive duty, in force since 26 October 2024, for employers to take reasonable steps to prevent sexual harassment of workers. Employers should anticipate risk rather than wait for a complaint.
Sexual harassment is unwanted conduct of a sexual nature that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. Context and the effect on the worker matter.
- The duty applies to employers of every size
- Prevention should address colleagues and third parties
- Online, social and work-related events can create risk
- EHRC enforcement and tribunal compensation uplifts are possible
Prepare for the October 2026 changes
From 1 October 2026 employers will be expected to take all reasonable steps to prevent sexual harassment. Employers will also have an explicit obligation not to permit harassment of employees by third parties, such as customers, clients, patients, service users or contractors.
The exact controls should reflect the organisation, workforce and risks. Do not wait for commencement: reviewing gaps now provides time to consult, train and test reporting routes.
- Map third-party contact across roles and locations
- Review contracts, site rules and customer-facing controls
- Plan for forthcoming regulations and updated guidance
- Record decisions and actions taken before October
Use a practical risk assessment
Assess where, when and how harassment might occur. Consider lone working, alcohol, travel, night shifts, power imbalances, social events, messaging platforms, insecure work and public-facing roles.
Use staff feedback, exit information, grievances and previous incidents without assuming that a low complaint rate means low risk. Set owners and review dates for each control.
- Identify roles, settings and groups exposed to risk
- Evaluate existing prevention and reporting controls
- Prioritise action by likelihood and potential harm
- Review after incidents and organisational change
Make policy, training and reporting work in practice
A policy should define prohibited behaviour, give realistic examples, cover third parties and explain how to report concerns. Provide more than one reporting route so a worker is not forced to complain to the person involved.
Training should be tailored, refreshed and evaluated. Managers need additional skills to receive disclosures, protect confidentiality appropriately, prevent retaliation and escalate concerns without conducting an improvised investigation.
- Visible leadership expectations and role modelling
- Scenario-based training for staff and managers
- Accessible reporting routes and support options
- Meaningful action when standards are breached
Respond fairly when a concern is raised
Take immediate wellbeing and safety needs seriously, but avoid treating an allegation as proven before fact-finding. Explain the process, confidentiality limits, support available and likely next steps to the reporting person and respondent.
Serious, sensitive or senior-level allegations may benefit from an independent investigator. The investigation should have clear terms of reference, preserve evidence, use neutral interviews and provide findings based on the balance of probabilities.
- Protect against victimisation and retaliation
- Use proportionate interim measures without pre-judging
- Keep the investigation separate from the outcome decision
- Learn from findings and update preventative controls
Authoritative guidance: EHRC employer 8-step guide · Acas prevention guidance · GOV.UK October 2026 update
Originally published 10 October 2024. This guide provides general information for employers and is not legal advice. Employment law and guidance can change; check current requirements and take advice on the facts of a live situation.