Sexual harassment and third-party harassment reform: what employers need to do before 30 October 2026

The government has confirmed that stronger workplace harassment protections will take effect from 30 October 2026. Employers will be required to take ‘all reasonable steps’ to prevent sexual harassment of their employees, raising the current standard of taking ‘reasonable steps’.

The existing preventative duty already requires employers to consider the risk of sexual harassment by third parties. From 30 October 2026, a separate protection will also apply where an employee is harassed in the course of their employment by a customer, client, supplier, contractor, visitor or other third party and the employer has failed to take all reasonable steps to prevent it. This new third-party protection is wider than sexual harassment alone.

With the 30 October change now set out in the Government’s implementation timetable, businesses should use the coming months to check whether their current approach is robust enough for the new laws.

What's changing?

Since October 2024, employers have had a legal duty to take reasonable steps to prevent sexual harassment at work.

From 30 October 2026, the Employment Rights Act 2025 extends that requirement by changing the duty to ‘all reasonable steps’. Going forward, employers should consider whether there are any further preventative steps they could reasonably be expected to take.

The reforms also give the Government power to make regulations specifying evidence-based steps employers must take to prevent sexual harassment. Those regulations have not yet been set out, but when introduced will complement, rather than replace, the broader ‘all reasonable steps’ duty.

Why does it matter for your business?

The change means employers will need to take a more proactive approach to the prevention of sexual harassment in the workplace.

Having an anti-harassment policy and providing training will remain important, but businesses should also be able to show that they have considered the risks within their workplace and taken all appropriate action to address them.

This is especially important for growing businesses, as measures that worked for a small team may need to change as headcount increases, new managers are appointed, or employees have greater contact with clients and customers.

There can also be financial and enforcement consequences if an employer falls short. The Equality and Human Rights Commission can enforce the preventative duty, and where an employee succeeds in a sexual harassment claim and a tribunal finds that the preventative duty was breached, compensation can be increased by up to 25%.

From 1 October 2026, the time limit for submitting most Employment Tribunal claims increases from three to six months. This means we can expect more Tribunal claims, and so makes it even more important to maintain appropriate records so relevant evidence can be located if a complaint or claim arises later.

What should businesses do now?

Employers should use the time before 30 October to:

• review their sexual harassment risk assessment, including risks arising from customers, clients, social events, travel and lone or remote working
• check policies and reporting routes are clear, accessible and reflect how the business operates today
• review training for employees and managers, making sure it is practical and relevant to workplace risks
• make sure managers know how to respond when concerns are raised and when they need to involve HR
• consider third-party risks, including how the business would respond if inappropriate behaviour came from an important client or customer
• maintain appropriate records of risk assessments, training, actions taken and regular reviews
• plan regular reviews so preventative measures continue to reflect changes in the workforce and working environment.

What are the next steps for employers?

Businesses shouldn’t treat the October implementation date just as a deadline for updating a policy. The focus should be on whether the measures in place genuinely help prevent harassment in practice.

For more detail on preventing and responding to sexual harassment at work, read our guide for employers on sexual harassment.

Our employment law solicitors can help you assess workplace and third-party risks, review policies and training, identify whether further preventative steps may be needed and prepare your business for the strengthened duties taking effect from 30 October 2026.