02920 829 100 
Harassment in the workplace: Are you ready for the new duties coming into force this month?
October 6, 2026
Additionally, a new obligation to prevent third-party harassment is being introduced. Our employment law expert, Nicole shares what employers need to do now.
Since 26 October 2024, the law has required employers to take reasonable steps to prevent sexual harassment from happening in the workplace.
Sexual harassment is any unwanted behaviour of a sexual nature that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
There are presently no obligations on employers to prevent third-party harassment in the workplace.
From 30 October 2026, the duty on employers to prevent sexual harassment will be strengthened. Rather than taking reasonable steps to prevent sexual harassment, employers will be required to take all reasonable steps.
While this may seem like a small change, the introduction of the word ‘all’ means employers will now need to demonstrate that they have taken every reasonable measure available to prevent sexual harassment in their workplace.
A further significant change taking effect on 30 October 2026 concerns third-party harassment. Employers may be liable for harassment of their staff by third parties, including clients, customers, contractors and visitors, unless they can demonstrate that they took all reasonable steps to prevent the harassment. This includes harassment relating to any of the 9 protected characteristics set out in the Equality Act 2010.
To avoid being in breach of the duty, employers will need to show that there were no further reasonable steps that could have been taken to prevent such harassment from happening.
The definition of “third party” is deliberately broad and includes anyone except another employee. As a result, the practical impact will vary between sectors. Employers whose staff regularly interact with customers, clients or members of the public, such as those in hospitality, retail, care, construction and professional services, are likely to face greater exposure and will need to take more proactive steps to comply.
An outdated policy or one-off training session is no longer going to be good enough to demonstrate that an employer has taken all reasonable steps to prevent harassment. Employers should focus on taking positive steps to prevent harassment rather than only reacting to incidents after they have occurred.
What is considered reasonable will depend on the circumstances, as there is no definitive list of steps that every employer must take. To help you take appropriate action and ensure compliance you should:
Employers who fail to take active steps to ensure compliance with these changes risk being liable to employment tribunal claims. Employment tribunals can uplift compensation by up to 25% where harassment is found and the employer cannot show compliance with the duty.
This is why it is important that employers make sure that there are steps in place to prevent harassment, rather than only responding to incidents after they have taken place.
To understand more about the new duty before deciding what action your business needs to take, join us for a practical webinar looking at what the new duty means for employers, how to identify the risks within your organisation and what steps you should be considering ahead of 30 October. Book your free place.
Our comprehensive fixed-fee compliance package provides bespoke support based on the needs and risks of your organisation. Our Employment Law team will work with you to help you identify your risks, address gaps and put practical measures in place to support compliance with the new duty, effectively. Find out more.
If you would like more information about complying with the new duty, including training, you can contact us via our contact form, email hello@darwingray.com, or call 02920 829 100 to discuss how we can support you or your business.
To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.
