Under the Labour government led by Prime Minister Andy Burnham, two new legal duties for employers will come into force on October 30, 2026. From the end of the month, bosses will be legally required to take "all reasonable steps" to prevent sexual harassment in the workplace and to protect employees from harassment by third parties, such as customers, clients, and contractors.
The changes, part of the Employment Rights Act 2025, will affect workers in retail and hospitality settings, construction sites, professional services, and other customer-facing environments. Despite the upcoming deadline, more than half of employers say they have not assessed the risk of sexual harassment in their workplace in the past 12 months, and 21 per cent provide no sexual harassment training for managers.
New Duties and Employer Preparedness
Thomas Beale, Head of the Workplace Bullying and Harassment team at Bolt Burdon Kemp, warned that employers should not treat October 30, 2026 as a simple deadline to update a policy. He said: "The new duty raises the bar to taking 'all reasonable steps' to prevent sexual harassment, as well as protect employees from harassment by third parties."
Beale added: "Businesses should be able to demonstrate what they have identified as potential risks, what action they have taken and whether those measures are actually working." He noted that businesses where employees regularly deal directly with customers, clients, or other members of the public may need to give particular consideration to how and where harassment could occur, including retail, hospitality, construction, and professional services.
Practical Steps for Employers
Beale outlined several practical steps employers can take now, including ensuring policies are clear, accessible, and regularly reviewed, with employees knowing exactly how to report concerns and how complaints will be handled. He also emphasised the importance of regular, targeted training, particularly for managers and staff who regularly interact with customers, clients, or other third parties.
Risk assessments will also be important, according to Beale. Employers should consider where staff may be more exposed to harassment, such as customer-facing roles, lone working, social settings, or situations involving a power imbalance, and document the steps being taken to reduce those risks. He stressed that there should be clear and accessible reporting routes, with complaints properly recorded and investigated.
With the deadline fast approaching, Beale advised employers to use the time available to identify any gaps in their current approach and address them. He said: "The key question should be whether they can demonstrate that they have taken all reasonable steps to prevent harassment, rather than simply showing that a policy exists."
Official Warnings and Government Position
Julie Dennis, Acas Head of Inclusivity, expressed concern that 2 in 5 bosses are not up to speed on the new responsibilities. She said: "Most employers are up to speed on upcoming new responsibilities to take all reasonable steps to prevent sexual harassment at work but it's concerning that 2 in 5 bosses are not." She added that employers could also be liable if customers or members of the public harass their staff, and Acas has updated its advice in this area.
Minister for Women and Equalities, Bridget Phillipson, said: "Feeling safe from sexual harassment in the workplace should be the absolute bare minimum." She described the Employment Rights Act as delivering the biggest uplift to workers' rights in a generation, and urged employers to act now to prepare for the changes and stamp out sexual harassment in the workplace for good.
