The law on workplace sexual harassment is about to become significantly tougher.
From October 2026, employers will be under a new legal obligation to take all reasonable steps to prevent sexual harassment of their employees. At the same time, they will also have a positive duty to prevent harassment by third parties, including customers, clients, contractors and visitors.
For many organisations, these changes represent a fundamental shift in how workplace harassment should be managed. It will no longer be enough to react when complaints are raised. Employers will be expected to anticipate risks, implement preventative measures and demonstrate that they have done everything that could reasonably be expected to create a safe working environment.
A Journey Towards Stronger Employer Duties
The law has already been moving in this direction.
In October 2024, the Worker Protection (Amendment of Equality Act 2010) Act introduced a proactive duty requiring employers to take reasonable steps to prevent sexual harassment.
The reforms taking effect in October 2026 go much further.
The requirement to take all reasonable steps raises the standard considerably. Employment Tribunals will no longer simply ask whether an employer did something to prevent harassment. Instead, they are likely to consider whether there were additional reasonable measures that could and should have been implemented.
This places far greater emphasis on prevention rather than response.
What Does “All Reasonable Steps” Mean?
Although the legislation does not provide a definitive checklist, employers should expect tribunals to scrutinise whether they have taken a comprehensive approach to preventing harassment.
This is likely to include:
- Regular and meaningful sexual harassment training for all employees.
- Enhanced training for managers on recognising and responding to concerns.
- Clear anti-harassment and dignity at work policies.
- Effective and confidential reporting mechanisms.
- Prompt investigations into complaints.
- Appropriate disciplinary action where misconduct is identified.
- Regular reviews of workplace culture.
- Risk assessments for areas where harassment is more likely to occur.
Importantly, these measures should not be viewed as one off exercises. Policies that have not been reviewed for several years or training delivered only during induction are unlikely to demonstrate ongoing compliance.
Third-Party Harassment Liability
Perhaps one of the most significant aspects of the strengthened duties is the increased focus on employer responsibility for preventing sexual harassment by third parties.
For many sectors, this represents a major compliance challenge.
Hospitality, retail, healthcare, leisure, transport and automotive businesses all regularly expose staff to interactions with customers and members of the public. Employers need to consider how they protect employees from inappropriate behaviour originating outside their own workforce.
Practical measures may include:
- Clear reporting procedures for incidents involving customers.
- Signage communicating a zero-tolerance approach.
- Training staff on how to deal with inappropriate behaviour.
- Empowering managers to refuse service or remove abusive customers.
- Recording incidents to identify patterns or repeat offenders.
The expectation is clear: employers should not simply accept inappropriate behaviour as “part of the job.”
A Recent Tribunal Highlights Why Prevention Matters
Although the upcoming reforms are about prevention, a recent Employment Tribunal illustrates why workplace culture remains so important.
In Davies v White Dove Garages Ltd, a sales executive successfully claimed sexual harassment after regularly overhearing colleagues discussing sexual acts and making derogatory comments about women in a communal office.
Significantly, the comments were not directed at him. Nevertheless, the tribunal concluded that repeatedly exposing an employee to sexualised conversations created an offensive working environment.
The employer argued that the discussions amounted to workplace banter between colleagues who were comfortable with one another and that no offence had been intended. The tribunal rejected that argument, making clear that employees are entitled to work in a professional environment free from unwanted sexualised conversations.
While the case was decided under the existing legal framework, it provides a useful indication of the type of workplace behaviour employers should already be addressing, and which will come under even greater scrutiny once the enhanced duties take effect in October.
Why Workplace Culture Matters More Than Policies
Many employers already have anti-harassment policies. However, tribunals increasingly look beyond written policies to examine workplace culture.
Questions employers should ask themselves include:
- Would employees feel confident reporting inappropriate behaviour?
- Are managers equipped to intervene early?
- Is “banter” being used to excuse inappropriate conduct?
- Are complaints dealt with consistently?
- Are training programmes refreshed regularly?
A policy that is never discussed or reinforced is unlikely to provide much protection if a claim arises.
Preparing for October 2026
With the implementation date approaching, now is the time for employers to review their arrangements.
A sensible action plan would include:
- Reviewing harassment and equality policies.
- Updating training programmes.
- Refreshing manager training.
- Reviewing reporting and investigation procedures.
- Assessing areas of higher risk, including customer-facing roles.
- Considering how third-party harassment will be managed.
- Monitoring workplace culture rather than relying solely on formal complaints.
Final Thoughts
The October 2026 reforms mark another significant step in the evolution of workplace harassment law. The emphasis is no longer simply on responding appropriately after something has gone wrong, but on preventing inappropriate behaviour from occurring in the first place.
Recent tribunal decisions, including Davies v White Dove Garages Ltd, demonstrate that Employment Tribunals are prepared to look closely at workplace culture and the everyday conduct that employers may once have dismissed as harmless banter.
For employers, the message is straightforward. Prevention, training and proactive management are no longer examples of good practice, they are becoming essential legal obligations.