This blog will explore the changes that are expected to take effect on 30 October 2026 in respect of the increased protections for employees against workplace harassment. These changes are part of a raft of changes being introduced by the Employment Rights Act (“ERA“) 2025.
We will explore the current law, the changes that are to be introduced and the effect that these changes are expected to have, particularly on employers.
What does the law currently say?
At present, employers have a proactive duty to take “reasonable steps” to prevent sexual harassment in the workplace.
What are the changes that are going to be introduced?
From 30 October 2026, the ERA 2025 will strengthen the duty in respect of workplace sexual harassment by raising the standard from “reasonable steps” to “all reasonable steps”. The intention is that the amended provision will mirror the existing concept of the “all reasonable steps” defence in the Equality Act (“EA”) 2010.
Also from 30 October 2026, the ERA 2025 will impose a liability on employers to take “all reasonable steps” to prevent third parties from harassing employees during the course of their employment. Hence, an employer will be held liable for the actions of third parties as well as with the actions of its own employees.
“Third parties” will mean a person other than the employer or one of its employees. The category is therefore broad, and will include customers, clients, suppliers, contractors, visitors and delivery drivers.
What effect are these changes expected to have on employers?
What constitutes “all” reasonable steps has not been defined, and therefore it has been argued that it will be a difficult standard for employers to meet. During the passage of the Employment Rights Bill, the Employment Lawyers Association noted that the “all reasonable steps” defence under the EA 2010 is rarely used as it rarely succeeds. They warned that, by importing this standard into the proactive duty, there is a risk that there will be strict liability on employers.
It is understood that the government will specify in Regulations what steps will satisfy the duty, however these Regulations are not expected until 2027/2028 (at least a year after the duty has come into force). Therefore, until this point, it will be unclear as to what employers will need to do to satisfy this duty.
As for the third-party liability, this will prove particularly challenging for employers in the hospitality and service sectors where staff regularly interact with third parties over whom employers have limited control.
What effect are these changes expected to have on employees?
The changes are expected to provide employees with greater comfort and protection against workplace harassment.
It should be noted that these changes are in addition to the changes introduced on 6 April 2026 in respect of whistleblowing. On 6 April 2026, the ERA 2025 amended the definition of a “qualifying disclosure” to expressly include disclosures that sexual harassment has occurred, is occurring, or is likely to occur. Although this particular change is unlikely have a major effect, it does provide greater certainty for employees who may be thinking of raising concerns.
How can employers prepare for these changes?
Employers should continue to be proactive in preventing and tackling sexual harassment under current law, to be better prepared for the strengthened duty being implemented.
In terms of the third-party harassment liability, many employers will already be taking preventative steps, such as including harassment clauses in supplier contracts and displaying public notices (e.g. that harassment of employees will not be tolerated). Employers should ensure that reporting is encouraged, reports are investigated promptly and seriously and corrective action is taken. This will help lay the foundations for the changes when they are implemented.
Employers can demonstrate they have taken all reasonable steps by conducting tailored risk assessments of their specific work environments, implementing clear anti-harassment policies, and delivering regular, practical training to all staff. They must also provide safe reporting channels, actively manage third-party risks and investigate complaints promptly and decisively.
For expert advice on an employment law matter, email partner and head of employment Nick Smith on nsmith@mincoffs.co.uk or call the office on 0191 281 6151 to speak to a member of the team.
