Sexual Harassment at Work: Why Employers Need to Rethink Their Approach Before October 2026

May 13, 2026

From October 2026, employers will no longer be required to take “reasonable steps” to prevent sexual harassment in the workplace… they will be expected to take “all reasonable steps”.

What is Sexual Harassment?

Sexual harassment is any unwanted conduct of a sexual nature that has the purpose or effect of:

  • Violating someone’s dignity; or
  • Creating an intimidating, hostile, degrading, humiliating, or offensive environment.

Behaviour occurring around someone can still amount to sexual harassment if it creates an inappropriate environment, regardless of intention.

The Previous Position

Under the Worker Protection (Amendment of Equality Act 2010) Act 2023, which came into force in October 2024, employers are under a duty to take reasonable steps to prevent sexual harassment in the workplace.

April 2026: Sexual Harassment Reports Become Protected Disclosures

As of 6 April 2026, a disclosure that sexual harassment has occurred or is likely to occur automatically qualifies as a protected disclosure.

In practice, this means:

  • Workers are protected from detriment; and
  • Complaints about sexual harassment no longer need to be framed as a breach of health and safety law, criminal conduct, or another legal issue to gain protection.
October 2026: The New Duty to Take “All Reasonable Steps”

From October 2026, employers must take all reasonable steps to prevent sexual harassment.

The additional word — “all” — raises the bar considerably.

Employers must consider:

  • Implementing standalone sexual harassment policies;
  • Carry out ongoing risk assessments;
  • Have regular reviews of workplace culture;
  • Have clear and documented preventative action;
  • Carry out meaningful staff training;
  • Maintain active management oversight; and
  • Provide additional training.

Organisations will need to demonstrate not only that policies exist, but that they are genuinely implemented and reinforced in practice.

Third-Party Harassment

Also from October 2026, employers may be liable where workers are harassed by third parties, such as:

  • Customers;
  • Clients;
  • Contractors; or
  • Other external individuals connected to the workplace.

This extends responsibility beyond internal staff interactions and means employers must also consider risks arising from customer-facing environments, events, external meetings, and public interactions.

What Does This Mean in Practice?

A policy alone will not be enough especially if an employer’s current approach consists of:

  • A policy hidden in a handbook;
  • A once-a-year reminder email before the Christmas party;
  • An initial sexual harassment policy during employee onboarding

Instead, employers should be actively identifying where risks are most likely to arise within their organisation.

To identify these risks employers should consider the following:

  • Are there power imbalances within teams?
  • Is the workplace lacking diversity?
  • Are there younger or more vulnerable employees?
  • Do employees work late, alone, or in isolated settings?
  • Are staff regularly customer-facing?
  • Are work events linked to alcohol or informal social environments?
Creating a Safer Workplace Culture

Visible leadership, consistent messaging, effective reporting channels, and early intervention will all become increasingly important.

From October 2026, employers will be increasingly judged not just on what policies they have, but on what they do.

How We Can Help

We support employers with practical, focused advice on preventing workplace harassment and meeting challenging legal obligations.

Our team can assist with:

  • Policy reviews and updates;
  • Tailored workplace training;
  • Risk assessments; and
  • Wider workplace culture and compliance strategies.

If you would like advice on preparing your organisation for the October 2026 changes, please contact our Employment Team.

Darren Smith
Partner, Employment
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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

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