Fail to prepare, prepare to fail: Getting ready for the latest key changes on sexual harassment and third-party harassment
As part of the suite of changes introduced under the Employment Rights Act (ERA) 2025, October 2026 sees two key changes in harassment legislation.
The first is the requirement on employers to comply with enhanced duties regarding sexual harassment prevention; the second change reintroduces a duty to prevent third party harassment. In this article we look at what these changes mean for your organisations, along with checklists to help you prepare.
Strengthening the law: the new enhanced prevent duty for sexual harassment
The sexual harassment preventative duty was introduced in October 2024, requiring employers to take reasonable steps to prevent sexual harassment in the workplace. From 30 October 2026 this duty is being strengthened.
Key changes
- Employers must now take all reasonable steps to prevent sexual harassment in the workplace.
- The addition of “all” signals a much higher threshold, requiring proactive risk management, systematic planning, and documented preventative action.
- Regulations clarifying what counts as “reasonable steps” are expected in 2027, but employers must comply with the higher duty from 30 October 2026. Whilst we wait for the regulations, you should continue to use the EHRC 8-step guide for your approach.
Third-party harassment
In addition to the strengthening of the sexual harassment prevent duty, the ERA 2025 reintroduces employer liability for third-party harassment. This means that, from 30 October 2026, you could be held responsible if an employee is harassed by someone outside your organisation, such as a customer, contractor, or member of the public, and you have not taken all reasonable steps to prevent it.
Key changes
- Employers are liable even if unaware of the harassment.
- Protection extends to all nine protected characteristics under the Equality Act 2010.
- Liability can arise from a single incident.
- A statutory duty requires employers to proactively prevent harassment.
Checklist for employers
- Review policies and procedures
- Review your anti-harassment policies to ensure they are fit for purpose.
- Ensure that reporting channels are clear and consistent across all related policies.
- Update harassment policies to include third-party harassment.
- Ensure grievance and whistleblowing policies address this issue.
- Conduct risk assessments
- Create tailored risk assessments by sector and role – avoid a one-size-fits-all approach.
- Identify higher risk scenarios (e.g., lone working, client visits, social events, high customer volume, travel, overnight stays).
- Identify roles or situations where employees are at higher risk of third-party harassment.
- Tailor preventative measures based on these risks.
- Provide training
- Deliver regular, effective and practical training to all staff including managers, and senior leaders.
- Train employees and managers to recognise and report third-party harassment.
- Include guidance on handling complaints and supporting affected employees.
- Maintain training logs to evidence compliance.
- Strengthen reporting mechanisms
- Ensure reporting channels are accessible, confidential, and effective.
- Communicate whistleblowing protections to employees.
- Review third-party contracts
- Include anti-harassment clauses in agreements with suppliers, contractors, and clients.
- Add provisions to terminate contracts if harassment occurs.
- Enhance workplace safeguards
- Implement practical measures, such as signage, panic buttons, or two-person working policies, where necessary.
- Monitor and review
- Regularly review policies, training, and risk assessments.
- Use harassment complaint data to improve preventative measures.
Why preparation matters
These changes will fundamentally alter the legal landscape for employers. The strengthening of the sexual harassment prevent duty and the introduction of third-party harassment liability requires proactive measures to protect employees. Failing to prepare could lead to costly claims, reputational damage, and increased scrutiny from regulators.
By reviewing your policies, processes, and training now, you can ensure compliance, foster a safer workplace, and minimise risks. Proactive preparation will not only help you meet your legal obligations but also demonstrate your commitment to creating a fair and inclusive working environment.
