In the UK there are harassment law changes coming that represent a significant shift, with further reforms taking effect in October 2026. These changes build on the existing framework introduced in October 2024 and materially increase employer responsibilities.

 

The current position

Since October 2024, employers have been under a proactive duty to take “reasonable steps” to prevent sexual harassment in the workplace.  This requires organisations to assess risks in advance and implement preventative measures, rather than simply responding to complaints after the fact.

For other kinds of harassment (for example, based on race, disability or religion), employers are already liable for acts carried out by their employees. There is already a need to demonstrate – as a retrospective defence in a legal case – that the employer took “all reasonable steps” to prevent harassment.  Currently liability for harassment by third parties (such as customers or clients) has been limited for employers.

 

What changes in October 2026

From October 2026, two key harassment law changes that come into force.

There is a higher standard for sexual harassment prevention, meaning employers must proactively take “ALL reasonable steps”. Although it’s just one word, it significantly changes the obligations of employers.

Employers will be responsible for harassment of their staff by third parties, including customers, clients and contractors, across ALL protected characteristics (including sexual harassment). This significantly increases the liability on employers, and the requirement for them to take.

 

Implications of non-compliance

Failure to comply with these duties carries significant risk:

• Employment tribunals may find employers liable where they cannot evidence that every reasonable preventative step was taken.
• Compensation awards may increase, particularly where proactive duties are breached.
• Organisations may face regulatory scrutiny and reputational damage, especially in sectors involving regular public interaction.

 

Practical steps

General harassment defence

To rely on a defence in a retrospective legal case, employers must be able to evidence:

• Clear, up-to-date policies – Anti-harassment and equality policy, written in plain English
• Regular, meaningful training – Induction, refresher and manager training
• Active communication – Policies shared, acknowledged and reminders
• Effective reporting channels – Clear routes for formal / informal complaints
• Prompt and consistent action – dealing with complaints quickly, taking action
• Monitoring and review – Review incidents and trends and update policies accordingly
• Leadership behaviour – Senior staff role modelling behaviour, and zero tolerance

 

Preventing sexual harassment

Employers must actively identify and manage risk:

• Risk assessment – Identify where sexual harassment could occur and power imbalances
• Targeted training – Include scenarios relevant to your workplace and witness intervention
• Culture and tone – Make expectations explicit, challenge “banter” early
• Third‑party risk controls – Set expectations with clients/customers and support staff =
• Safe reporting environment – Encourage early reporting, zero retaliation and option for informal resolution
• Follow-up after incidents – Check on all affected employees, and consider steps to prevent recurrence

 

Summary

It’s clear that the harassment law changes in October 2026 mean all employers must adopt a far more robust, preventative and outward‑facing approach. Policies alone will not be enough – employers will need to demonstrate meaningful action, continuous review, and protection against risks arising both internally and from third parties.

If you’d like help with your policies and procedures, and following up on some of these action points, please get in touch.

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