Countdown to 30 October: Tougher harassment duties are almost here

The next wave of reforms under the Employment Rights Act 2025 (the “Act”) comes into force on 30 October 2026.

What harassment laws are changing under the Employment Rights Act 2025?

Commencement regulations made under the Act bring two important harassment changes into force on 30 October 2026:

• A stronger duty to prevent sexual harassment.
• Protection from third party harassment.

What is the new duty to prevent sexual harassment at work?

Since 26 October 2024, employers have been under a positive, preventative duty to take "reasonable steps" to prevent sexual harassment of their employees in the course of their employment (section 40A, Equality Act 2010).

From 30 October 2026, the duty is strengthened so that employers must take "all reasonable steps", rather than simply "reasonable steps", to prevent sexual harassment of their employees.

This raises the bar. It will be harder to show compliance if there were further reasonable measures you could have taken but did not. A policy on its own is unlikely to be enough. You should be able to show that you have assessed the risks in your workplace, acted on them and kept the position under review.

Failure to comply may lead to employment tribunal claims and reputational damage. Where an employee succeeds in a sexual harassment claim and the employer has breached the preventative duty, the tribunal can increase compensation by up to 25%. That uplift continues to apply under the strengthened duty.

How will employers be affected by third party harassment laws?

Protection from harassment is extended to cover harassment of employees by third parties, such as customers, clients, contractors or members of the public. This is not limited to sexual harassment: it covers harassment related to any of the relevant protected characteristics, such as race, disability or sex.

An employer will be liable for third party harassment where it has failed to take all reasonable steps to prevent it. The change applies to harassment occurring on or after 30 October 2026.

What should employers do to prepare for the new harassment laws?

• Refresh your harassment risk assessment, covering risks from customers, clients and other third parties as well as colleagues.
• Update your anti-harassment policy and reporting routes, and make sure staff know how to raise concerns.
• Deliver or refresh training for managers and staff, and keep a record of it.
• Make sure managers know how to respond to, record and escalate a complaint, including one about a customer or client.
• Review customer-facing terms, signage and contractor arrangements so third parties know what behaviour is expected.

Our Employment team can help you prepare for the new harassment laws by reviewing your policies, identifying areas of risk and delivering practical training, so your managers and staff understand their responsibilities. Email employmentenquiry@lawblacks.com or visit our Employment page to find out more.