New Sexual Harassment Rules From 30 October 2026: What Employers Need to Do

Employer sexual harassment law is evolving once again on 30 October 2026, and it’s not just a time for policy changes. Employers already have a duty to recognise and take reasonable steps to prevent sexual harassment in the workplace. That will ramp up from 30th October 2026. Employers will be expected to do what’s “reasonable” to stop sex discriminatory harassment of their employees. The changes will also include a duty to employers to not allow harassment of employees from third parties. What’s crucial for businesses is that they may not be the same policy when it’s written into their employee handbook. Employers must consider hazards they are facing in their workplace, how they are being controlled and whether managers and workers are aware of what to do if something does go wrong. If your business requires advice on reviewing its employment policies, workplace procedures or HR arrangements prior to these changes coming into force,  KLG Law’s employment law solicitors can advise on the practical steps required. What is changing on 30 October 2026? The new preventative duty was implemented in October 2024. Employers already have a duty to take reasonable action to prevent sexual harassment of their employees. The words “reasonable steps” will be replaced by “all reasonable steps” from 30 October 2026. Looks like a minor word change, but it’s important. It’s a progressive law that is setting higher standards for employers. The notes that accompany the Employment Rights Act 2025 clarify that where no steps could reasonably be taken by the employer in the circumstances, this will be regarded as taking all reasonable steps. The reforms will also require employers to not allow harassment of their employees by third parties. This may be significant for businesses that have employees who interact with customers, clients, patients, service users, contractors or members of the public regularly.  What does “all reasonable steps” actually mean? There is no one-size-fits-all list of items that all employers should tick off and assume will meet the standards. Reasonable will vary according to the context of the organisation, the size, sector, working environment, employees and specific risks. The Commission for Equality and Human Rights (EHRC) has previously reminded employers to evaluate their own risks and act in advance of a complaint. The situation of an employer with 10 employees in the office could be different to that of a large restaurant that employs people often late into the night, who communicate with guests and attend social functions with alcohol present. Similarly, a healthcare organisation might have a different third party exposure risk from a construction firm, or a professional services firm. This isn’t about whether or not: Do you have a sexual harassment policy? It is: “Are we aware of the real risks in our workplace and have we taken all reasonable steps we can be expected to take to minimise them?” That separation is surely going to gain significance if companies are questioned on their preventative measures. Employers need to carry out a proper sexual harassment risk assessment First and foremost, employers need to consider sexual harassment risks in their organisation before October. This should be NOT a box ticking exercise. Think about the location of employees, who they meet with, how complaints are presently reported and when employees may be in a position where there is not sufficient supervision or support in place for them to engage in inappropriate behaviour. The risks can happen at any time of the day or night during normal working hours, but also when in the workplace engaged in business trips, work-related social events, client meetings, online communications, workplace messaging. Employers should also take into account that certain workers may have a higher risk due to the nature of their job. It also aims to draw attention to a range of issues, including: being alone with a customer or service user, drinking alcohol at work related events, and the nature of specific roles. Employers looking at their existing arrangements should take a look at Acas guidance on the prevention of sexual harassment at work. Review your sexual harassment and workplace policies Policies will become even more important, but the policy itself is only one part of the picture. Employers should review their sexual harassment policy and check whether it clearly explains what sexual harassment is, what behaviour is unacceptable, how concerns can be raised and what happens after a complaint is made. It should also make clear that inappropriate behaviour can happen in different settings, including face-to-face, by email, through messaging platforms and on work-related social media. Employers should also consider whether their wider HR policies are consistent with their approach to sexual harassment.  Bullying and harassment policies Grievance procedures Disciplinary procedures Equality and diversity policies Social media policies Whistleblowing procedures Policies covering work-related social events If your organisation needs support reviewing or updating its HR policies, KLG Law’s HR and employment law advice service can provide practical advice on workplace policies, procedures, training and employee relations. Training cannot be treated as a one-off exercise Employers should also look carefully at their training arrangements. Employees need to understand what sexual harassment is and how they can report concerns. Managers need additional guidance because they may be the first person an employee approaches. A manager who dismisses a complaint as “banter” or tells an employee to deal with the situation themselves could create significant problems for the business. Training should therefore cover more than simply giving employees a definition of sexual harassment. It should help people understand what inappropriate behaviour can look like, how to respond when they witness it and what they should do if someone raises a concern. The EHRC’s employer guidance recommends training workers, managers and senior staff and reviewing whether that training is actually effective. EHRC’s 8-step guide for preventing sexual harassment at work is particularly useful for employers reviewing their preventative measures. Third-party sexual harassment is a major area for employers to review Particular attention must be given to the third party aspect of the October reforms. A person working at the business can commit sexual harassment to another employee who is not working at the business. This may be a customer, client, contractor, patient/service user. The third parties which the government currently defines are customers and clients. This raises the question for the businesses if their existing policies actually take care about the behaviour of the third party or not. What do you do when a customer is continually sexually commenting on the employee? If a client sends inappropriate messages what happens? What would you do if the contractor acts inappropriately towards your team? Staff members need to be aware that they have the right to report these situations, and should not be expected to deal with difficult customers or clients on their own. Employers should also take practical steps, such as having a reporting system, escalation procedures, some form of management intervention, limiting access and service to the individual, and refusing service where appropriate, if their behavior continues to pose a risk. What should employers do when a complaint is made? Prevention does not eliminate the possibility of an incident occurring. If a complaint is raised, employers need to respond promptly and appropriately. The first step is usually to understand what has been alleged and consider whether immediate measures are needed to protect the complainant or other employees. Depending on the circumstances, this may involve changing reporting arrangements, separating individuals, restricting contact or taking other temporary measures while the matter is investigated. The employer should then follow an appropriate and fair investigation process. Confidentiality should be respected as far as possible, although employers should not promise absolute confidentiality if information needs to be shared as part of a proper investigation. Where appropriate, the matter may lead to a disciplinary process. If your business is dealing with a sensitive complaint and wants independent support with the process, KLG Law’s independent grievance meeting chairing service can help employers manage complex or sensitive grievance hearings fairly and impartially. Sexual harassment complaints and whistleblowing There is another important development employers should already be aware of. From April 2026, sexual harassment was added to the categories of wrongdoing that can potentially qualify as a protected disclosure under whistleblowing legislation, where the statutory requirements for a protected disclosure are met. This means employers should not automatically assume that a complaint about sexual harassment is simply an ordinary HR grievance. The precise legal position will depend on what the worker has disclosed and the circumstances in which it was raised. Employers should therefore ensure that HR teams and managers understand the difference between grievances, harassment complaints and potentially protected whistleblowing disclosures. KLG Law also provides whistleblowing protection advice for employees and employers where concerns about workplace wrongdoing require specialist legal assessment. Employers should keep evidence of the steps they have taken One of the most practical points arising from the new duty is the importance of documentation. It is one thing to say that your organisation takes sexual harassment seriously. It is another to demonstrate what you have actually done. Employers should consider keeping records of: Sexual harassment risk assessments Policy reviews Training provided to staff and managers Complaints and investigations Actions taken following complaints Staff surveys and feedback Reviews of work-related social events Measures introduced to address identified risks Management discussions about harassment risks The purpose is not to create paperwork for its own sake. Good records help demonstrate that the organisation has identified risks, responded to concerns and reviewed whether its preventative measures are working. What could happen if an employer gets this wrong? The consequences can go beyond an individual Employment Tribunal claim. Where an employee successfully brings a sexual harassment claim, failure to comply with the preventative duty can result in an uplift in compensation of up to 25% under the relevant provisions. There may also be wider consequences for the business, including reputational damage, employee relations problems, management time and increased legal costs. The risk is particularly serious where an employer has received previous complaints or identified a particular risk but failed to act. That is why employers should not wait until 30 October 2026 before reviewing their arrangements. If your organisation is facing an existing workplace harassment complaint or potential Employment Tribunal dispute, KLG Law’s Employment Tribunal solicitors can advise on the legal position, evidence, procedure and potential next steps. Do employers need to change everything before October? Not necessarily. The new law does not mean every employer must introduce exactly the same policies, training programmes or procedures. The correct approach is risk-based. What is reasonable will depend on the organisation and its circumstances. However, employers should be able to demonstrate that they have seriously considered the risks and taken the steps that could reasonably be expected of them. For some businesses, that may mean a relatively straightforward policy and training review. For others, particularly businesses with substantial customer interaction or known workplace risks, much more may be required. If you are unsure where your organisation currently stands, KLG Law’s HR legal advice and support for businesses can help you review your arrangements and identify areas that may need attention. Why employers should act before 30 October 2026 The biggest mistake would be to treat 30 October as the date when preparation begins. By then, employers should ideally already understand their workplace risks, have reviewed their policies, trained relevant staff and put appropriate reporting and investigation arrangements in place. The change from “reasonable steps” to “all reasonable steps” reflects a broader expectation that employers take prevention seriously and continue to assess whether anything more could reasonably be done. The same applies to third-party sexual harassment. Businesses should not assume that inappropriate behaviour by a customer or client is simply outside the employer’s responsibility. Organisations that build prevention into their everyday HR practices will be in a much stronger position than those that rely on a policy document alone. Need help preparing for the new sexual harassment rules? The changes coming into force on 30 October 2026 give employers a clear reason to review their current workplace arrangements. If you need advice on sexual harassment policies, risk assessments, employee complaints, investigations, manager training, workplace grievances or Employment Tribunal risks, KLG Law can help. Speak to KLG Law’s employment solicitors for practical advice tailored to your organisation and the risks you are facing. You can also review KLG Law’s wider employment law services if your business needs support with workplace harassment, discrimination, grievances, whistleblowing, dismissals or Tribunal representation. Final Thoughts Proactive workplace compliance is the broader trend that the new rules on sexual harassment fit into. Now, employers are expected to take more than just a reactive approach to situations after they’ve gone awry. They must identify the risks, put the preventative in place, listen to the employee and review the effectiveness of the preventative. In other words, start preparing right away for businesses, as 30 October 2026 is the deadline. Check your work site and identify the risks  and ensure your policies and procedures are based on your actual work practices. As soon as you are unsure if your existing arrangements will comply with the new requirements, it may be a good idea to seek employment law advice before the requirement comes into force so you can be aware of potential gaps and address them before they become a legal issue.