Lucy Cobb
Monday, October 21, 2024
Gemma O'Connor
Tuesday, February 24, 2026
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Sexual harassment is a serious issue that can harm your employees' wellbeing, productivity, and trust in your business. And as an employer in the UK, it’s your legal and moral responsibility to create a safe, respectful, and inclusive working environment.
With changes to the law coming into effect from throughout 2026, under the new Employment Rights Act 2025, employers now have more responsibilities.
This guide takes you through the guidance and your legal responsibilities, so you can be confident that your business remains on the right side of the law.
Know your legal obligation to prevent sexual harassment
The Employment Rights Act 2025 gives employers greater accountability for preventing harassment, including by third parties.
From October 2026, there is a requirement for employers to take “all reasonable steps” to prevent sexual harassment. This enhances the previous requirement of “reasonable steps”.
Because of this there is a need for stronger policies and training, as well as workplace measures and procedures to review how claims of sexual harassment are handled by employers.
The key changes to the law include:
Employers can will be held responsible for harassment carried out by third parties, such as customers or clients, if they have not taken appropriate preventative measures.
Reports of sexual harassment will be protected under whistleblowing laws from April 2026, giving employees legal safeguards when they speak up.
If an employer cannot demonstrate they took all reasonable steps to prevent harassment, tribunals may increase compensation awards by up to 25 percent.
There is also the possibility of new regulations being introduced to clarify what counts as “reasonable steps” for employers.
New protections under whistleblowing laws
Sexual harassment disclosures will be protected under whistleblowing laws as of April 2026, ensuring safeguards for employees who report such incidents. Providing these protections under law will strengthen the accountability employees have to ensure a safe working environment that stands against bullying.
These protections will follow existign whistelblowing laws. So, for the protection of sexual harassment disclosures these will need to be in the public interest and the employer must reasonably believe it is true. These protections will cover allegations where sexual harassment has occurred, is occurring or is likely to occur.
Now, we’ve covered your legal responsibilities. Let’s explore the reasonable steps you need to take to ensure compliance.
How to prevent sexual harassment in the workplace
To comply with the law, you should have a clear and comprehensive anti-harassment policy in place.
This policy should outline:
The definition of sexual harassment, including examples of both verbal and non-verbal conduct.
A clear zero-tolerance stance towards all forms of harassment, including from third parties.
The procedures for employees to report incidents of harassment confidentially.
The steps you will take to investigate complaints and discipline offenders, including third-party harassment.
The EHRC advises that policies must be regularly reviewed and communicated clearly to all employees. It should be made clear that harassment by customers or clients, any other third-party will not be tolerated, and employees should be encouraged to report it without fear of retaliation.
Conducting risk assessments
You should regularly assess the risk of harassment in your workplace, particularly in customer-facing roles or sectors where harassment is more likely.
Providing training
It’s advisable to provide regular and comprehensive training for all staff, including managers, on what constitutes sexual harassment and how to prevent it.
Just remember, that training should be refreshed regularly, ensuring that all employees are aware of their rights and the procedures for reporting harassment.
Monitoring
Regularly monitor the effectiveness of your policies and procedures by conducting employee surveys, analysing HR data, and reviewing complaints to identify patterns or areas for improvement.
By following this guidance, you can show that you are taking reasonable steps to prevent harassment, which can protect you from liability in tribunal cases.
Protect against third-party harassment
One of the key points to be aware of is that employers will be held liable for third-party harassment from October 2026.
Third-party harassment refers to harassment by clients, customers, or other third-parties involved with your workplace.
To do this:
Include third-party harassment in your anti-harassment policy.
Train staff on how to deal with harassment from third parties and how to report it.
Consider adding provisions to client or supplier contracts that outline your anti-harassment expectations.
Put in place measures that allow employees to avoid potentially harmful situations, such as rotating shifts or relocating workspaces if a customer is known to behave inappropriately.
The EHRC advises that you should take action as soon as you are aware of any risk of third-party harassment, even if a specific incident has not yet occurred.
Ensure accessible and confidential reporting mechanisms
To effectively prevent and respond to harassment, employees must feel comfortable reporting incidents. You should have multiple reporting channels available, such as through HR, line managers, or anonymous reporting systems.
The EHRC recommends:
Confidentiality: Assure employees that reports will be handled confidentially and without retaliation.
Clarity: Make sure employees know exactly how to report harassment, whether it’s from colleagues or third parties.
Support systems: Provide access to support, such as counselling or employee assistance programmes, for those affected by harassment. for those affected by harassment.
Investigate and act swiftly
When harassment is reported, the law requires that employers take swift and effective action to address it. You should ensure that all complaints are investigated thoroughly, impartially, and with urgency.
And with whistleblowing protections in place from April 2026, disclosures of sexual harassment in the workplace will be “protected disclosures”. Under whistleblowing laws, any employee making a claim of sexual harassment must be protected from detriment or dismissal.
Key steps include:
Impartial investigations: Appoint an independent investigator where necessary, especially for sensitive or complex cases.
Appropriate action: Take disciplinary action where required and consider the impact of third-party harassment. This may include barring problematic customers from the premises or taking legal action if necessary.
Follow-up: Check in with affected employees after the investigation to ensure that they feel supported and that the issue has been resolved.
Foster an inclusive and respectful workplace culture
One of the most effective ways to prevent sexual harassment is by promoting a culture of respect and inclusion. Employees should understand that your workplace does not tolerate any form of harassment.
Steps to achieve this include:
Leading by example: Senior management should model respectful behaviour, demonstrating that harassment will not be tolerated.
Encouraging bystander intervention: Train employees to intervene safely or report harassment when they witness it, reinforcing a collective responsibility.
Promoting gender equality: Challenge stereotypes and unconscious biases that can contribute to a hostile environment.
Regularly review and update your policies
Finally, preventing harassment is an ongoing process. You should review your anti-harassment policies and procedures regularly.
Conduct regular risk assessments, update training materials, and monitor the effectiveness of your prevention efforts through employee feedback and HR data.
Get help preventing sexual harassment in your workplace
By implementing robust policies, providing training, and fostering a culture of respect, you can ensure that you’re taking all reasonable steps to prevent sexual harassment. Plus, your workplace remains safe and supportive for all employees.
And if you need help with any of that BrightHR is here for you.
From our 24/7 HR and employment law advice to HR document library with customisable harassment policies. And the learning management system, built into our all-in-one HR software. You can get the help you need whenever you need it.