On 30 October 2026, the sexual harassment law changes 2026 will tighten significantly under the Employment Rights Act 2025. We want to ensure your business is fully prepared. Below is a breakdown of what is changing and the immediate steps you must take to protect your workforce and your business.
The key changes: sexual harassment law changes 2026
The “all reasonable steps” standard
Since 2024, businesses have been required to take “reasonable steps” to prevent sexual harassment. From 30 October 2026, the law adds a single, powerful word: employers must take all reasonable steps. In an employment tribunal, you will now need to prove there was absolutely nothing else you could have practically done to prevent an incident.
New liability for third-party harassment
Your legal responsibility will no longer stop with your own staff. From October, employers will be directly liable if an employee is harassed by a client, customer, contractor, or supplier, unless you can prove you took all reasonable steps to prevent it. Crucially, this third-party liability applies to all protected characteristics under the Equality Act, including race, age, and disability – not just sexual harassment.
Whistleblowing context
As a reminder, earlier this year (April 2026), reporting sexual harassment automatically became a “protected disclosure” under whistleblowing legislation. Consequently, employees who speak up have elevated legal protection against any workplace detriment or dismissal. For further background, see our Employment Rights Act 2026 update.
What this means for your business
Tribunals will come down hard on employers who have not taken appropriate steps and will also maintain the power to uplift compensation by up to 25%. In addition, the time limits for workers to submit tribunal claims are set to extend from three months to six months.
Action checklist: how to prepare now
To meet the high legal threshold this autumn, we recommend the following steps. Our HR consultancy team can support you with all of them.
- Conduct a dedicated harassment risk assessment. Identify where your staff are most vulnerable, particularly when interacting with the public, patients, or third-party contractors.
- Update employee and third-party policies. Refresh your zero-tolerance policies to explicitly outline expectations for third-party behavior and build in clear mechanisms for reporting external issues.
- Implement robust reporting lines. Ensure your staff know exactly how to report incidents safely, and document how your management team responds to and resolves every complaint.
- Roll out high-quality, interactive training. Training not only protects your employees but will also reduce your vicarious liability should one of your employees “go rogue!”
- Review supplier and client contracts. Where appropriate, embed clauses regarding expected conduct and harassment boundaries into standard service agreements.
How we can support you
We are here to help, and we are already in the process of updating our clients’ employee handbooks. If we don’t currently provide your HR documents and employee handbook and you would like us to review your policy, then please get in touch. In addition, Spectra can provide training for managers and staff to ensure that everyone is up to date with the new legislation.
For more information, please contact us or visit our guides and resources page.