Preventing sexual harassment at work: are you ready for October 2026?

The law on preventing sexual harassment at work is changing again on 30 October 2026.  Since October 2024, employers have been under a positive duty to take reasonable steps to prevent sexual harassment of their workers. From 30 October 2026, that duty will be strengthened, and employers will be required to take all reasonable steps to prevent sexual harassment.

The law on third-party harassment is also changing. Employers will be liable where an employee is harassed by a third party in the course of their employment unless the employer can show that it took all reasonable steps to prevent it.

For employers, this means that simply having an anti-harassment policy tucked away in a staff handbook is unlikely to be enough. The focus is firmly on prevention.

What does ‘all reasonable steps’ actually mean?

It may look like the addition of just one word, but it is an important change.  At present, employers must take reasonable steps to prevent sexual harassment. From 30 October 2026, they will be expected to take all of the steps that are reasonable for their organisation.

There is no single checklist that will guarantee compliance. What is reasonable will depend upon the particular organisation, including its size and resources, the sector in which it operates, the nature of the work undertaken and the specific risks faced by its workforce.

This means employers should not simply ask:

“Have we done something to prevent sexual harassment?”

The better question is:

“Is there anything else it would be reasonable for us to do?”

If the answer is yes, the employer may not have taken all reasonable steps.

Prevention rather than reaction

The duty is preventative. Employers should not wait until somebody complains before considering sexual harassment in their workplace.  Instead, employers should anticipate where problems could arise and take reasonable steps to reduce those risks before an incident occurs.

For example:

• Do employees work alone with customers or service users?
• Are there significant power imbalances between senior and junior employees?
• Is alcohol regularly consumed at work events?
• Do employees travel or stay away overnight for work?
• Are employees exposed to inappropriate behaviour from customers or clients?
• Is there a workplace culture where inappropriate comments may be dismissed as ‘banter’?
• Could harassment take place through WhatsApp, Teams, social media or other online communications?

The risks will vary widely from one workplace to another. That is why an employer's preventative measures should reflect its actual working environment rather than simply relying on a generic policy.

Start with a risk assessment

A sexual harassment risk assessment should be one of the first things employers consider.  The Equality and Human Rights Commission's guidance states that an employer is unlikely to be able to comply with the preventative duty without carrying out a risk assessment.

Employers should identify situations in which sexual harassment could reasonably occur, consider who may be at risk and identify what steps could be taken to prevent or reduce that risk.  This should include risks arising from both colleagues and third parties.

Once risks have been identified, employers should consider preparing an action plan setting out:

• What the risk is
• What preventative action will be taken
• Who is responsible for implementing it
• When it will be implemented
• How its effectiveness will be monitored.

Most importantly, the exercise should result in action. Identifying a risk and then doing nothing about it is unlikely to assist an employer seeking to demonstrate that it took all reasonable steps.

Don't forget third parties

One of the most significant changes from 30 October 2026 concerns harassment by third parties.  A third party could include a customer, client, patient, service user, contractor, consultant, supplier, conference attendee or member of the public. Employers therefore need to consider the people their employees encounter as part of their work and the risks those interactions create.

Depending upon the workplace, reasonable steps might include:

• Making expected standards of behaviour clear to customers and clients
• Reviewing contracts and terms and conditions
• Displaying notices explaining that harassment of staff will not be tolerated
• Allowing employees to end an interaction where somebody behaves inappropriately
• Providing staff with safety or de-escalation training
• Ensuring sufficient staffing in higher-risk environments
• Providing alarms, security or other safety measures where appropriate
• Recording incidents involving customers or other third parties
• Banning or restricting individuals who seriously or repeatedly harass staff.

The appropriate measures will depend upon the level of risk. A nightclub, hospital or late-night retailer may reasonably be expected to take different measures from an office with little public contact.

Review your policies – but don't stop there

Employers should review their harassment policies before the end of October.  Policies should explain what sexual harassment is, give practical examples of unacceptable behaviour and clearly explain how employees can report concerns.  They should also address harassment by third parties.

However, updating the policy is only the starting point.  Employees need to know that the policy exists, understand what it means and have confidence that concerns will actually be dealt with.

Give employees somewhere to go

Employees should have more than one way of reporting sexual harassment.  A procedure requiring an employee to report everything to their immediate manager creates an obvious problem if that manager is responsible for the behaviour or the employee does not feel comfortable approaching them. Consider providing an alternative manager, HR contact or another reporting route.

Managers should also understand what to do when an employee raises something informally. A comment such as “I don't want to make a formal complaint, but...” may still identify a risk which the employer needs to address.

Is your training effective?

Providing harassment training can be an important preventative step, but employers should avoid treating training as a tick-box exercise. Training should be relevant to the organisation, and the risks employees might encounter.  Employees should understand what sexual harassment looks like, what standards of behaviour are expected and how to report concerns.

Managers may need more detailed training so that they know how to respond appropriately when a concern is raised.  Employers should also consider when training was last provided. Training delivered several years ago and never revisited may provide little protection if it has become stale or ineffective.

Keep records

If an employer is later required to demonstrate that it took all reasonable steps, being able to show what was actually done will be important.  Employers should therefore consider keeping records of:

• Risk assessments and reviews
• Action plans
• Policy updates
• Training and attendance
• Complaints and informal concerns
• Incidents involving third parties
• Action taken following incidents
• Decisions about possible preventative measures.

If an employer considers a preventative measure but decides that it would not be reasonable or proportionate, it may also be sensible to record why that decision was reached.

Keep asking: “What else could we reasonably do?”

Compliance should not be treated as a one-off exercise completed before 30 October.  Risks change. Workplaces change. New employees join, working practices develop and previous measures may prove ineffective.  An incident itself may also reveal that existing measures are not working.  Employers should therefore review their risk assessments and preventative measures regularly and following any complaint or significant incident.

The question should remain:

“Is there anything else it would be reasonable for us to do to prevent this happening?”

If there is, consider doing it.

Your October 2026 checklist

Before 30 October 2026, employers should consider whether they have:

• Carried out a sexual harassment risk assessment
• Identified risks arising from customers, clients and other third parties
• Prepared and implemented an action plan to address identified risks
• Reviewed and updated their harassment policies
• Provided employees with more than one way to report concerns
• Provided appropriate and up-to-date training
• Given managers additional guidance or training on handling concerns
• Considered practical measures to protect employees from third-party harassment
• Introduced a system for recording incidents and identifying patterns
• Kept a record of the preventative measures considered and implemented
• Put arrangements in place to review regularly whether those measures remain effective.

The key question for employers is no longer simply “Do we have a sexual harassment policy?” It is “Where could sexual harassment happen in our organisation, and have we taken all reasonable steps to prevent it?”

Employers who start asking that question now will be much better placed for the changes coming into force on 30 October 2026.

If you require bespoke support relating to your organisation, the employment law team at Fraser Dawbarns will be happy to assist. Please complete our enquiry form or contact any of our offices.

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This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances. Fraser Dawbarns LLP is always happy to provide such advice.