What is the current situation?

Harassment is defined as unwanted conduct related to a protected characteristic (for example, age, sex, disability, race, and so on) which has the purpose or effect of violating an individual’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Sexual harassment follows the same definition, but the unwanted conduct is of a sexual nature. It also includes less favourable treatment because a worker rejects or submits to unwanted conduct of a sexual nature.

Employers have long been legally responsible for harassment where one employee harasses another in the course of their employment, in relation to any protected characteristic. Employers will only have a defence if they can show that they took all reasonable steps to prevent the harassment from occurring.

In October 2024, a new anticipatory duty was introduced requiring employers to take reasonable steps to prevent sexual harassment of workers in the course of employment.

Guidance issued by the Equality and Human Rights Commission (EHRC) provides examples of measures that may amount to “reasonable steps”. A failure to comply with the anticipatory duty can result in enforcement action by the EHRC, regardless of whether an individual brings a claim. In addition, where an employee brings a successful sexual harassment claim, an employment tribunal may increase compensation by up to 25% if the employer has failed to comply with this duty.

At present, employers are not generally liable for harassment of workers by third parties, such as customers or clients. However, the position differs slightly in relation to the anticipatory duty to prevent sexual harassment, as EHRC guidance makes clear that taking reasonable steps includes taking steps to prevent third-party harassment.

Currently, sexual harassment complaints are not expressly included as “qualifying disclosures” for whistleblowing purposes.

So what’s changing and when?

The anticipatory duty to prevent sexual harassment will be strengthened so that employers must take all reasonable steps, rather than simply reasonable steps. This change is expected to come into force in October 2026.

Also expected from October 2026 is a new obligation on employers in relation to third-party harassment. Employers will be liable where workers are harassed by third parties in the course of employment and the employer cannot show that it took all reasonable steps to prevent the harassment. This will apply to all forms of harassment, not just sexual harassment.

Further regulations are expected in the future (but not before 2027) to set out what employers must do to be treated as having complied with their duty to take all reasonable steps to prevent sexual harassment. It is not yet clear how these requirements will differ from the current EHRC guidance.

In addition, it is expected that from April 2026, sexual harassment will be explicitly included as a qualifying disclosure for whistleblowing purposes.

What you need to do

The precise timing of some actions will depend on when the detailed legislation is finalised and the changes take effect. However, employers can begin preparing now by:

• Reviewing existing policies, procedures and training (including manager training) to reduce the risk of harassment claims under current law and to ease the transition to the new requirements.

• Assessing organisational culture. Consider whether inappropriate behaviour is challenged, or whether workers are reluctant to report concerns due to a lack of confidence in outcomes. Staff surveys may help to gauge workforce perceptions.

• Reviewing how sexual harassment complaints are handled to ensure they are dealt with consistently and appropriately across the organisation.

• Ensuring there are clear reporting routes, whether through HR, line management or a whistleblowing mechanism, and that those likely to receive complaints understand how to respond.

• Putting in place sexual harassment risk assessments across all areas of the business.

• Considering the risk of third-party harassment. Identify which roles involve interaction with third parties, whether issues have arisen previously, and what steps could be taken now to reduce risk.

• Updating relevant policies, including equality, anti-harassment and bullying, whistleblowing and grievance policies, as well as sexual harassment risk assessments and action plans.

How Bhayani Law can help you

Bhayani Law supports employers in managing harassment risks and complying with both current and upcoming legal requirements. We can assist by reviewing and updating workplace policies, advising on appropriate training for managers and staff, and helping you carry out sexual harassment risk assessments tailored to your organisation.

Already getting support from Bhayani Law?

You’ll receive updates from us as key legal changes come in, so you can stay compliant and up to date. 

Detailed HR and employment law guidance and template policies, and letters can also be found in the Watertight HR Hub. 

If you’ve got questions or need advice, your dedicated advisor is on hand to help. We can deliver workforce sexual harassment and other harassment training, line manager training and HR policy reviews.

Our HR and legal team can also provide hands-on support on any projects as you prepare for these changes. 

New to Bhayani Law?

You don’t have to face the changes alone. Whether you need quick input or ongoing support, we can help you however works best for your business.