The law on sexual harassment in the workplace is becoming stricter in October 2026. It means there is going to be more responsibility on employers to prevent problems before they happen.
Since October 2024, when the Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force, employers have been under what is known as a preventative duty. That means employers have to take reasonable steps to prevent sexual harassment of their workers. But from 30 October 2026, this will be strengthened so that employers must take all reasonable steps.
So, what does that enhanced duty to prevent sexual harassment mean in practice?
What is changing in October 2026?
The key change is the move from taking “reasonable steps” to taking “all reasonable steps” to prevent sexual harassment.
This raises the bar for employers. It is not enough anymore to simply have an anti-harassment policy in a handbook and respond if a complaint is made. Employers need to be proactive in identifying potential risks and taking action to reduce them.
The changes will also bring in stronger protection for workers against harassment by third parties, such as customers, clients, contractors or members of the public. This is especially relevant in sectors like hospitality, retail, care and professional services, where employees interact with people outside their organisation on a day-to-day basis.
What counts as preventing sexual harassment in the workplace?
There is no single checklist for preventing harassment that will be appropriate for every employer. What constitutes “all reasonable steps” will depend on factors such as the size and nature of the organisation, the risks employees face and what preventative measures are practical.
However, employers should be thinking beyond simply dealing with complaints. That could include carrying out risk assessments, reviewing policies regularly, providing meaningful training, making sure managers understand how to respond to concerns and creating safe, accessible ways for colleagues to report inappropriate behaviour. Essentially, the best advice is to be proactive and not wait until harassment has happened before taking preventative action.
Certain environments or situations may need particular attention. For example, employers might need to consider risks associated with lone working, drinking alcohol at work events, overnight travel, customer-facing roles or workplace cultures where inappropriate behaviour has previously been dismissed as ‘banter’.
Why should employers act before October?
The enhanced duty coming in doesn’t mean employers should wait until October to review their arrangements. The Equality and Human Rights Commission has made it clear that employers should already be assessing risks proactively, taking appropriate preventative action and reviewing their approach.
Preparing properly now also gives businesses time to identify gaps rather than introducing policies or training hurriedly just before the law changes. This matters for protecting employees but also for reducing legal risk. Sexual harassment claims in the workplace can lead to employment tribunal proceedings, reputational damage and considerable disruption. Failing to comply with the preventative duty can also affect compensation in the case of a successful sexual harassment claim.
What should employers do now?
As an employer, you should review your existing harassment policies, reporting procedures, risk assessments and training ahead of October 2026. As an organisation do you have contracts or policies for customers and suppliers, and should they be upgraded to include a zero tolerance policy of harassment towards your staff?
The important question is not simply whether a policy exists, but whether the organisation can demonstrate that it has genuinely considered where harassment could occur and taken appropriate steps to prevent it.
For any employers unsure whether their current arrangements meet the strengthened requirements, taking employment law advice before the changes come into force can help you identify risks and put appropriate measures in place.
Enhanced sexual harassment duty: FAQs
What is the duty to prevent sexual harassment?
Employers currently have a legal duty to take reasonable steps to prevent sexual harassment of their workers. From 30 October 2026, this will be increased to require all reasonable steps.
What does “all reasonable steps” mean?
The steps required will depend on the organisation and its particular risks, but could include risk assessments, effective policies, staff training, reporting processes and measures addressing known areas of concern.
Do employers need to protect staff from customers and clients?
From October 2026, employers will have more onerous duties relating to harassment by third parties, including customers, clients and contractors.
What should employer do if a sexual harassment complaint is made?
The employer should take it seriously, follow a fair procedure, investigate where necessary and consider action both to deal with the complaint and prevent similar behaviour recurring in future.
For employment law advice ahead of October, contact Amicus Law today.
