From 30 October 2026, employers will be required to take all reasonable steps to prevent sexual harassment, and will be liable for any third-party harassment of staff, regardless of the basis for that harassment, if they have not taken all reasonable steps to prevent it occurring. This was originally meant to be from 1 October 2026 but has now been delayed to 30 October 2026, following the Government’s updated timeline published on 16 July 2026. Further, since April 2026, the reporting of sexual harassment has been explicitly listed as a ‘protected disclosure’ under the whistleblowing legislation.

So what does this mean for employers? What are they obliged to do? What does all reasonable steps entail? We do not currently have the formal government guidelines on what constitutes reasonable steps, which is expected to be published in 2027 following consultation. However, for the time being, the Employment and Human Rights Commission’s 8-step guide on Preventing Sexual Harassment at work is likely to be a good starting point:

1. Anti-harassment policies

Employers should make sure that they have appropriate policies in place, dealing with all forms of harassment. This should make clear that such behaviour will not be tolerated, and set out clearly the actions that are likely to be taken following any breach of the policy. Reporting methods should be made clear, and the policy should be kept under review and its effectiveness monitored.

2. Employee engagement

Employees must be made aware of the way in which any harassment can be reported, and the steps that will be taken to address such incidents.  If staff do report concerns, this should be monitored, so that employers are able to understand where and why issues are arising, and take steps to better prevent them occurring in the future.

3. Risk assess

Risk assessments should be undertaken on a regular basis. What an appropriate risk assessment will look like will likely depend on a number of factors, including: the nature of the business, the working arrangements (including any lone or night-working), the make-up of the workforce and whether the roles are customer-facing.  The consumption of alcohol is also likely to play a significant part in the matters that need to be taken into consideration.

4. Reporting

Clear reporting lines should be established and communicated to all staff.  The EHRC also suggests that it may be appropriate to consider putting an anonymous reporting system in place.  Whistleblowing policies should also be updated to ensure that they reflect the latest changes to the law.

5. Training

All staff should be trained on harassment, including what it looks like, how to recognise it, what to do if they experience or witness it, and what the consequences of any breach are likely to be.  Employers should ensure that all staff understand that any harassment, on any ground, will not be considered acceptable, and is likely to result in disciplinary action.

Managers should also be trained in how to deal with complaints, including how to deal with any complaints of third-party harassment.

6. Dealing with complaints

Employers should have disciplinary and grievance procedures, as well as whistleblowing policies, which set out how any complaints of harassment will be dealt with. However, whilst it is important to ensure that all complaints are dealt with seriously, employers should be cautious about simply following policies and procedures to the letter, without any consideration of the individuals concerned.  Harassment is likely to be a delicate subject, and victims and witnesses of harassment may need sensitive handling.  Employers should always ensure that the individual’s needs are taken into account when dealing with such complaints.

7. Dealing with harassment by third parties

Whilst harassment by third parties is likely to be more difficult for employers to deal with than harassment by staff, it should nonetheless be considered and dealt with just as seriously.

The duty to prevent harassment by third parties will, as with the duty to prevent harassment by staff, require that risk assessments are carried out and measures put in place to minimise the risk and deal with any such harassment which may arise.  Employers may also need to consider updating terms of business to make clear the stance that they will take in relation to any such third party harassment, including potentially ending a business relationship, if it would be ‘reasonable’ to do so in the circumstances.

As any harassment by third parties – particularly by clients / customers of the business – is likely to be difficult to manage, employers should ensure that managers are trained on what to do and how they should react, in the event that any such harassment does occur.

8. Continued monitoring and evaluating

Employers should be cautious about taking a ‘one and done’ approach to preventing harassment.  All policies and procedures should be regularly reviewed and updated, taking into account any complaints received, outcomes of staff surveys, exit-interviews and changing risks.  Risk assessments should be reviewed and updated and risks reassessed in light of the changing landscape of the business / the environment in which it operates.

It is important that employers keep records of training, complaints, staff surveys, risk assessments and any other relevant documents so that these can be reviewed and monitored, and so that policies and procedures can be updated as required.

With any new legislation, we can expect to see things develop as claims are brought and judgments handed down.  Employers should therefore ensure that they keep abreast of the inevitable updates to case law as these matters progress.

If you need any assistance with putting the right policies and procedures in place, or training for staff or managers, the team at Tyr will be only too happy to help. Please do not hesitate to get in contact with Gemma Sherbourne to discuss how we can assist.