This year, the duty to prevent sexual and third‑party harassment gets tougher. Employers must get ahead now… here’s what’s changing and how to prepare.

Published: 20 March 2026
Authors: Amy Horton

This year raises the bar on an employer’s duty to prevent sexual harassment. Since October 2024, employers have been required to take reasonable steps to prevent sexual harassment at work. But from October 2026, that duty levels-up.

Employers must take all reasonable steps, with liability also extending to harassment carried out by third parties, such as customers, clients, patients and contractors.

Put simply: reacting isn’t enough. Employers must show they have anticipated risks, planned for them and taken practical steps to prevent sexual harassment before it happens.

This guide summarises the changes, what we know so far and what employers should do now.

The law as it stands today

The Worker Protection (Amendment of Equality Act 2010) Act 2023, in force since October 2024, requires employers to take reasonable steps to prevent sexual harassment.

Although “reasonable steps” isn’t defined, the Equality and Human Rights Commission (EHRC) has set clear expectations. Employers should:

• assess risks of sexual harassment
• implement preventative measures
• have clear policies and reporting channels
• train staff with up-to-date, properly recorded training
• take complaints seriously and act promptly.

What’s changing?

The Employment Rights Act 2025 tightens the standard and introduces key changes requiring employers to act even more proactively, rather than respond only after issues arise

April 2026 – Whistleblowing

From 6 April 2026, any report of sexual harassment will automatically count as a protected disclosure in relation to a potential whistleblowing claim. This means workers will be protected from detriment, employees will be protected from unfair dismissal and disclosures about sexual harassment will no longer need to be framed as a health & safety, legal breach, or criminal offence issue.

The aim is to encourage earlier and safer reporting.

October 2026 – The new enhanced proactive duty

From October 2026, employers must take all reasonable steps to prevent sexual harassment. The word “all” signals a much higher threshold, requiring employers to undertake proactive risk management, systematic planning and documented preventative action.

It aligns the duty with the high bar already seen in the “all reasonable steps” defence under the Equality Act 2010.

October 2026 – Liability for third-party harassment

Also from October 2026, employers will be directly liable if a worker is harassed by a third party (e.g., customer, contractor, client) and the employer has not taken all reasonable steps to prevent it. This applies equally to harassment related to any protected characteristic.

Employers must therefore think beyond their own workforce and take steps to manage risks arising from public facing interactions.

What do we know about “ALL reasonable steps”?

The government has indicated that it expects “all reasonable steps” to include conducting risk assessments, publishing clear and accessible policies, maintaining robust reporting lines and complaints procedures. The EHRC 8-step guide to preventing sexual harassment leads the way as a strong indicator of the approach expected.

Tribunals are likely to scrutinise how policies and procedures are implemented, and not just whether they exist, also the frequency and quality of training. They may also draw on existing case law, and whilst this relates to defending discriminatory acts under the Equality Act, it sheds light on what could be considered as the appropriate standard to achieve.

Regulations setting out what counts as “reasonable steps” will be published in 2027, following a public consultation. This means employers must comply with the higher duty before receiving full guidance, creating a challenging and unpredictable environment.

The message is clear: employers cannot wait and should act now, prepare now and refine later.

What employers should do now

Which leads us to what should employers be doing now. Below are our top tips as to what employers can and should be doing to prepare for the new duty:

Review and refresh your policies

Employers should update anti-harassment policies and whistleblowing policies to cover third party harassment, the protected disclosure changes and make reporting channels clear and consistent across related policies, thus ensuring a cross-policy check is carried out. Policies should be aligned, easy to understand and regularly reviewed.

Assess your risks

Employers should create tailored risk assessments sector-by-sector and role-by-role. A one size fits all approach is discouraged. Higher risk scenarios might include lone working, client visits, public facing roles, alcohol fuelled social events, high customer volume environments and roles involving travel or overnight stays.

As part of this process, employers should also consider gathering insight directly from their workforce. Carrying out anonymous staff surveys can help identify what employees perceive as areas of concern in practice. This feedback can highlight risks which can then be used to inform and refine risk assessments.

Finally, the risk assessments should be easily accessible, identifying where the risk may arise, who is most vulnerable, what controls are already in place and what further steps may be required.

Train everyone (properly)

Training is a crucial cornerstone to ensure legal compliance, and it should be carried out regularly, be engaging and show practical examples and not just theoretical statements. Any training slide decks and speaker notes should be published and easily accessible for employees for if they have any questions or concerns after the training has taken place.

Employers should ensure that the training is given to all staff including managers and senior leaders and updated to cover third party risks, as well as how to challenge inappropriate behaviour and how to report concerns safely. Training logs evidencing who has received the training and when is also strongly recommended.

Set boundaries with external parties

Employers should consider how best to communicate behavioural expectations externally. For example, whether it is appropriate to display notices detailing expected behaviour of third parties attending their premises or using contractual clauses requiring compliance with anti-harassment standards in contracts with third parties. Setting expectations early and clearly helps employees feel safer and provides employers with a clear basis to act if any issues do arise.  Such actions can be notified to employees, so they are aware of the protective measures you are taking.

Strengthen culture and reporting routes

A proactive duty requires a proactive culture. Employers should offer anonymity where possible to encourage early reporting of incidents and “near misses”. A log should be kept of incidents to spot patterns, which can be used as learning as to how to further refine any policies and procedures.

Crucially, senior leaders must be visible champions of the new requirements and model the correct behaviour. Employees look up to management and if management is not seen to be willing to challenge inappropriate behaviour, it can set off a chain of events that no employer wants. Leadership accountability is central to cultural change.

And finally... how we can help

We help organisations turn legal duties into practical, effective systems. We offer tailored, scenario-based training for managers, HR teams and frontline staff, helping employers show they have taken all reasonable steps. We also support with policy reviews and updates, risk assessment design and cultural strategies.

So, as 2026 progresses (and rapidly so), the message is clear: the bar is rising and employers must act early. Creating a safe, respectful workplace isn’t just a legal duty, its fundamental to fostering a good business and working culture. By doing the work now, employers will be ahead of the curve, meeting the new duty with confidence, and future planning won’t feel as daunting.

If you’d like to explore how the new duty affects your organisation or would like bespoke training, our team would be happy to help.