Many employers updated their harassment policies in 2024 following the introduction of the new duty to take reasonable steps to prevent sexual harassment.

However, further important changes are coming in October 2026, and employers should be preparing now.

What is changing?

From 30 October 2026, the law is due to become significantly more demanding for employers.

In particular:

1. “Reasonable steps” becomes “all reasonable steps”

Employers will be required to take all reasonable steps to prevent sexual harassment of their employees.

This raises the standard expected of employers and makes it increasingly important that businesses can demonstrate that they have actively considered the risks within their particular workplace and taken appropriate preventative measures.

2. Third-party harassment

Employers will also face potential liability where employees are harassed by third parties, such as customers, clients, contractors or suppliers, where the employer has failed to take all reasonable steps to prevent it.

This will be particularly important for employers whose staff regularly interact with members of the public, customers or external contractors.

Why does this matter?

Simply having an anti-harassment policy is unlikely, by itself, to be enough.

Employers should be able to demonstrate that they have considered the particular risks within their organisation and taken appropriate practical steps to address them.

Depending upon the business, this may include:

  • reviewing and updating harassment and equal opportunities policies;
  • carrying out an appropriate workplace risk assessment;
  • ensuring managers understand their responsibilities;
  • providing appropriate staff training;
  • considering risks arising from customers, clients and other third parties;
  • ensuring there are effective procedures for employees to raise concerns; and
  • keeping appropriate records of the preventative measures taken.

What should employers do now?

If your policies were updated following the changes introduced in 2024, now is a sensible time to review them again.

The October changes provide a good opportunity to consider not simply whether the business has the right documentation in place, but whether its procedures, training and preventative measures would withstand scrutiny if a complaint or Employment Tribunal claim arose.

How we can help

Herefords Employment Solicitors advises employers on preventing and managing workplace harassment and discrimination issues.

We can review your existing policies and procedures, identify any material gaps arising from the October changes and recommend the practical steps your organisation should take.

We can also provide this as a fixed-fee Harassment Compliance Review, giving employers certainty over costs.