The Employer Duty to Prevent Sexual Harassment: What You Need to Do

The employer duty to prevent sexual harassment has been strengthened significantly under the Employment Rights Act 2025. From October 2026, employers must take "all reasonable steps" to prevent sexual harassment. A new obligation also requires employers not to permit harassment of their employees by third parties (customers, clients, contractors).

These changes build on the preventive duty that was introduced by the Worker Protection Act 2023 in October 2023. If you have not yet acted on the 2023 duty, you are already behind. If you have, you need to update your approach for the October 2026 changes.

What Changed: The Timeline

October 2023: The Original Preventive Duty

The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced a duty on employers to take "reasonable steps" to prevent sexual harassment of their employees. This was the first time employers had a proactive preventive obligation (rather than just a liability for acts of harassment they failed to address).

Under this duty, if an employee is sexually harassed, and the employer did not take reasonable steps to prevent it, the employment tribunal can apply a compensation uplift of up to 25% on the harassment award.

The Equality and Human Rights Commission (EHRC) published a statutory code of practice on the duty, which employers must have regard to.

October 2026: The Enhanced ERA 2025 Duty

The Employment Rights Act 2025 goes further:

The standard changes from "reasonable steps" to "all reasonable steps." This is a higher bar. What was sufficient in 2023 may not be sufficient from October 2026. Employers will need to demonstrate a more comprehensive, ongoing approach.
Third-party harassment becomes a legal obligation. A new duty is introduced requiring employers not to permit harassment of their employees by third parties (customers, clients, visitors, contractors). This was previously only addressed in guidance, not legislation.
Regulations will specify "reasonable steps." The government has the power to pass regulations specifying particular steps that are to be treated as "reasonable" or "all reasonable steps." These regulations are expected in 2027. Watch for them.
Whistleblowing protection for sexual harassment reports. From 6 April 2026 (already in force), reporting sexual harassment is a protected disclosure under whistleblowing law. Employees who blow the whistle on sexual harassment have access to uncapped compensation and protection from detriment.

What "All Reasonable Steps" Means in Practice

The key question is what an employer must do to demonstrate they have taken all reasonable steps. The EHRC code and emerging tribunal decisions give guidance.

Risk Assessment

Identify the specific risk of sexual harassment in your workplace. Consider:

The nature of the work (roles that involve lone working, client-facing work, late-night work, or work in male-dominated environments carry higher risk)
Power dynamics (between managers and junior employees, between employees and customers)
Working environment (hospitality, construction, healthcare, retail face different risk profiles)
Historical incidents or complaints

Document the risk assessment in writing. Update it regularly (at least annually).

Written Anti-Harassment Policy

You need a specific, standalone anti-harassment policy that:

Defines sexual harassment clearly (including examples relevant to your workplace)
States clearly that sexual harassment will not be tolerated
Covers third-party harassment (from customers, clients, contractors)
Sets out the reporting procedure
Confirms that reports will be investigated promptly and confidentially
States the potential consequences for those found to have harassed (including dismissal for serious acts)
Protects those who report from retaliation

The policy should be easy to find and should be covered at induction for every new employee.

Training

Training is a core component of a credible prevention approach. The EHRC code and ERA 2025 both point to training as a key "reasonable step."

At minimum, you should:

All employees: Awareness training on what sexual harassment is, how to report it, and what to do if they experience or witness it
Managers: More detailed training on how to handle disclosures, how to investigate, and their own obligations not to engage in harassing behaviour

Training should be documented. Keep records of who attended, when, and what was covered. This becomes evidence if you need to demonstrate your prevention steps in a tribunal.

Training should be refreshed. A training session done five years ago does not demonstrate ongoing commitment to prevention. Aim for training at induction and at regular intervals (every two to three years at minimum).

Reporting Mechanisms

Employees must have a clear, accessible way to report sexual harassment. Consider:

Named contacts for reporting (ideally more than one, including a non-managerial option)
Informal reporting options (for employees who want to raise concerns without triggering a formal investigation)
Anonymous reporting (if you have sufficient size to make this practical)
External reporting options (for example, where the alleged harasser is senior management)

Publicise the reporting routes. If employees do not know how to report, they will not. Knowing how to report is the first barrier to access.

Monitoring and Review

Prevention is ongoing, not a one-time exercise. Review your approach regularly:

Track any complaints or reports (even informal ones) and identify patterns
Survey employees on their experience of the workplace culture (anonymously)
Review the effectiveness of your policy and training after incidents
Update your risk assessment when the workplace changes (new client, new working environment, new team)

Third-Party Harassment: What the New Obligation Means

From October 2026, you must not permit harassment of your employees by third parties (customers, clients, visitors, and contractors).

"Permit" is not a passive standard. It requires you to take active steps to prevent and address third-party harassment.

Practical steps for managing third-party harassment risk:

Client-facing roles: Brief employees on their right to challenge, walk away from, or report harassment from customers or clients. Make clear that the employer will support them in doing so.
Retail and hospitality: Display customer-facing notices making clear that staff have the right to be treated with respect. Empower managers to ask abusive customers to leave.
Construction and contractor environments: Include anti-harassment clauses in contractor agreements. Brief contractors on the expected standards of behaviour.
Customer complaints: If a customer or client harasses your employee, take action. Do not require the employee to continue serving that customer. Address the third-party behaviour, not just the employee's response to it.

Document the steps you take. If a third party harasses your employee and you did nothing to prevent or address it, and you did not have a third-party harassment policy, you are exposed.

The Compensation Uplift: What It Costs to Get It Wrong

Under the 2023 Worker Protection Act duty, a tribunal can apply a 25% uplift on a successful harassment claim where the employer failed to take reasonable steps. From October 2026, the same uplift applies where the employer failed to take "all reasonable steps."

Example:

Employee brings a successful sexual harassment claim
Tribunal awards £30,000 compensation
Employer had no anti-harassment policy and no training
Tribunal applies a 25% uplift: total award is £37,500

For high earners or egregious cases, the base harassment award is already significant (there is no cap on discrimination awards). A 25% uplift on a large award is a serious financial consequence.

The uplift is in addition to any other discrimination claim the employee may bring.

Sexual Harassment as a Whistleblowing Disclosure

From 6 April 2026, an employee who raises concerns about sexual harassment in the workplace is a whistleblower. They are protected under the Public Interest Disclosure Act 1998 (as amended by ERA 2025).

This means:

Any detriment (demotion, exclusion, changed work arrangements) suffered because of reporting sexual harassment can be the subject of a whistleblowing detriment claim
Any dismissal connected to reporting sexual harassment is automatically unfair (no qualifying period)
Compensation for whistleblowing claims is uncapped

Managers must understand this. Any retaliation against an employee who has reported sexual harassment is a serious legal risk.

Checklist: Sexual Harassment Prevention

[ ] Risk assessment completed and documented for sexual harassment in your workplace
[ ] Standalone anti-harassment policy in place, covering third-party harassment
[ ] Policy shared with all employees at induction and on your intranet
[ ] Manager training on sexual harassment delivered and documented
[ ] All-employee awareness training delivered and documented
[ ] Training refresh scheduled (at least every two to three years)
[ ] Clear reporting routes communicated to all employees
[ ] Process for handling disclosures documented
[ ] Third-party harassment addressed in customer/contractor policies
[ ] Monitoring process in place to review incidents and identify patterns
[ ] Whistleblowing policy updated to include sexual harassment as a qualifying disclosure

FAQ: Employer Duty to Prevent Sexual Harassment

What is the difference between the 2023 duty and the 2026 duty?

The 2023 Worker Protection Act introduced a duty to take "reasonable steps" to prevent sexual harassment. The ERA 2025 strengthens this to "all reasonable steps" from October 2026 and adds a specific third-party harassment obligation. The standard is higher: more comprehensive, more active, and more documented.

Does the duty apply to small employers?

Yes. There are no size thresholds for the preventive duty. A business with five employees must take reasonable steps to prevent sexual harassment, although what is "reasonable" will be proportionate to the size and resources of the business.

What happens if a customer harasses one of my staff?

From October 2026, you must not "permit" this. Practically, this means: if you become aware a customer is harassing a staff member, you must act. At minimum, do not require the employee to continue serving that customer without support. If the behaviour is serious, ask the customer to leave. Document what happened and what you did.

Is one policy and one training session enough?

Probably not enough to demonstrate "all reasonable steps" from October 2026. A single dated training session, with no refresher, no risk assessment, and no monitoring, is unlikely to satisfy the higher standard. The approach needs to be ongoing and documented.

What about harassment in the pub or at work events?

The duty extends to any workplace-related setting, including work social events. An employer who allows a culture of harassment at Christmas parties or team drinks, and does nothing about it, is exposed. The location is less important than whether the behaviour is connected to work.

Does the duty cover harassment by managers towards employees?

Yes. Employer liability for harassment by managers is well-established. A manager who harasses a direct report exposes the employer to a harassment claim. The preventive duty requires training for managers precisely because of this risk.

Get Your Anti-Harassment Policy Checked

If your anti-harassment policy has not been updated since before October 2023, it is out of date. If it does not address third-party harassment, it will be inadequate from October 2026.

EmployerKit Audit from £49. We check your anti-harassment policy against the ERA 2025 requirements and tell you exactly what needs updating.

Last updated: April 2026