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Preventing workplace harassment

From October this year, the Employment Rights Act 2025 will strengthen protections provided for under the Worker Protection Act 2023, which imposes a legal duty on employers to take reasonable steps to prevent sexual harassment in the workplace. 

Background 

Under existing rules, employers have a duty to anticipate when sexual harassment may occur and take reasonable steps to prevent it. If sexual harassment has already taken place, then an employer should take action to stop it from happening again.

Employers need to consider not just potential sexual harassment from colleagues, but also customers, service users and members of the public.

These measures were introduced in 2024 with the aim of encouraging meaningful change in working cultures and to reduce the likelihood of workers experiencing sexual harassment. Although employees will not be able to make a claim against their employer for failing to take preventative measures, if a sexual harassment incident is identified and the employer did not take sufficient steps to prevent it, then the compensation paid to any employees who were harassed can be increased.  

Changes 

From October 2026, 

  • employers will be expected to take ‘all reasonable steps’ to prevent sexual harassment of their employees 
  • employers will have an obligation not to permit the harassment of their employees by third parties.

Ministers have the power to make further regulations to complement the above measures. 

What steps should employers take? 

  • carry out risk assessments identifying where and when sexual harassment could occur
  • review sexual-harassment policies
  • provide appropriate training
  • put in place controls around third-party harassment
  • review reporting procedures
  • keep evidence of the above, complaints, investigations and actions taken.

Guidance 

The current guidance is in the process of being updated for the new legislation. In the meantime, employers can refer to existing guidance from the Equality and Human Rights Commission (EHRC) website including:

More guidance for employers on what sexual harassment is, and how to prevent it can be found on the ACAS website.  

 

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