Extending the duty to prevent sexual harassment at work

From 30 October 2026, the legal obligation for employers to take “reasonable steps” to prevent sexual harassment of their employees, including from third parties, will be expanded and require employers to take “all reasonable steps”.

But what does this extended preventative duty mean in practice, and how can employers ensure they are complying with it?

Why does it matter?

Sexual harassment remains a significant workplace issue. Trade Union Congress (TUC) research indicates that around half of women have experienced sexual harassment in the course of their work, rising to approximately 70% among disabled women and LGBT+ workers. Additionally, around 80% of those subjected to harassment did not report it to their employer.

The purpose of this new duty is to shift the focus away from reactive responses, (i.e. waiting for incidents to be reported), to proactive measures aimed at preventing sexual harassment from occurring in the first place. This approach is to encourage employers to implement effective safeguards, which ensure a safer and more inclusive work environment.

What should an employer do to ensure it is taking “all reasonable steps” to prevent sexual harassment?

The specific measures an employer must implement will depend on factors such as the size of the organisation, available resources, and the industry in which the business operates. There is no one-size-fits-all checklist; compliance will be assessed on a case-by-case basis. Fundamentally, employers must be able to demonstrate that they have done everything reasonably possible to prevent sexual harassment from occurring in the workplace.

It is also irrelevant whether the employer has received prior reports of sexual harassment – this mandatory preventative duty is triggered regardless. As such, an employer may wish to consider the following steps, to demonstrate compliance with the new extended legal duty:

1. Understand your workplace culture: Engage with employees on issues related to gender equality, diversity, and inclusion. Review the business’ recruitment practices, staff turnover, working arrangements, remuneration, and how contributions are recognised and valued. Further, do employees feel empowered to “call out” inappropriate behaviour or is being “silenced” the norm? These insights help determine whether your organisation fosters a positive, open, and inclusive culture or if it is one where harassment may occur and go unchallenged – these issues are closely connected.
2. Conduct a risk assessment: Identify potential sources of sexual harassment, such as social events, WhatsApp groups, social media, business travel, or interactions with clients and the public. Additionally, review the physical environment – are there secluded dark areas? Is the workspace open plan? Are employees left alone late at night? What are the supervision policies for junior staff? The Equality and Human Rights Commission (EHRC) recommends producing an action plan to address any identified risks and how the business intends to mitigate them, which should be reviewed and updated regularly.
3. Record keeping, monitoring, evaluation, and transparency: While uncomfortable, collecting relevant data to identify and understand the potential risks of sexual harassment and any subsequent action taken, is essential. Maintaining detailed records, including reasons for adopting or rejecting specific measures, will help demonstrate compliance and inform ongoing preventative efforts.
4. Review policies and reporting routes: Policies should clearly explain what sexual harassment is, provide examples, and outline accessible channels for raising concerns – under both any anti-harassment policies and whistleblowing procedures. Employees should have alternative reporting options if their usual line of contact is inappropriate. Policies should be tailored based on any risk assessments undertaken, for example including updates to travel policies or social event protocols as needed.
5. Effective training: All staff should receive training to recognise sexual harassment, respond appropriately to disclosures, escalate concerns, and intervene when third parties behave inappropriately. Training should be trauma-informed and survivor-centred. Any training offered should not be generic and should be tailored depending on whether it is for HR representatives, senior leadership, or managers.
6. Address third-party risks: Depending on the organisation and the sector in which it operates, this could involve implementing customer codes of conduct, incident-reporting procedures, escalation pathways, and measures to protect employees from repeat offenders.

What are the potential consequences?

If an employee successfully brings a sexual harassment claim, an employment tribunal will consider whether the employer complied with the duty to take all reasonable steps to prevent sexual harassment. If a breach is found, the compensation award can be increased by up to 25%, reflecting the extent of the employer’s failure. The EHRC can also take enforcement action to address violations of the duty.

The key question for employers is not just limited to whether they have a generic anti-harassment policy in place. Instead, they should use the lead-up to 30 October 2026 to identify specific risks, consult their workforce, strengthen preventative measures, update policies, and review training programs. Ensuring these measures are actively implemented, monitored, and regularly reviewed will be vital to achieving compliance and fostering a safer workplace.

If you have questions or concerns about sexual harassment in the workplace, please contact Emily Plosker.