Assess your workplace culture, review harassment policies, and strengthen reporting channels now to prepare for significant upcoming changes to the law.

What is the current situation?

Harassment refers to unwanted conduct connected to a protected characteristic, such as age, sex, disability or race, that either violates an individual’s dignity or creates an intimidating, degrading, humiliating or offensive environment.

Sexual harassment follows the same definition but involves conduct of a sexual nature.

Employers have long been liable when one employee harasses another in the course of their employment. The only defence is to prove that all reasonable steps were taken to prevent such behaviour.

Since October 2024, employers have also had a legal duty to take reasonable steps to prevent sexual harassment before it happens. The Equality and Human Rights Commission (EHRC) provides guidance on what actions may meet this duty. Failure to comply can lead to EHRC enforcement, and successful tribunal claims may result in compensation increased by up to 25 percent.

Currently, employers are not generally liable for harassment by third parties, such as customers or clients, though the anticipatory duty for sexual harassment includes taking reasonable steps to prevent third party harassment.

At present, whistleblowing laws do not specifically list sexual harassment complaints as a protected disclosure.

What’s changing and when?

From April 2026, sexual harassment will be explicitly recognised as a qualifying disclosure for whistleblowing purposes.

From October 2026, the current duty to take ‘reasonable steps’ to prevent sexual harassment will be strengthened to require employers to take all reasonable steps.

Also from October 2026, employers will be liable if employees are harassed by third parties while at work, unless they can show they took all reasonable steps to prevent it. This protection will apply to all types of harassment, not just sexual harassment.

Future regulations (not before 2027) may set out what counts as taking all reasonable steps, which could differ from current EHRC guidance.

What you need to do now

• Update harassment policies, reporting procedures, and training for managers to ensure compliance and readiness for the new laws.
• Assess workplace culture. Are inappropriate behaviours challenged, or do staff fear reporting issues?
• Ensure sexual harassment complaints are handled fairly and consistently. Provide support for both complainants and those accused during investigations.
• Maintain clear and accessible reporting methods, such as designated HR contacts or a whistleblowing hotline.
• Conduct a sexual harassment risk assessment across the organisation.
• Identify areas where third party harassment is more likely and take proactive measures to reduce the risk.