Sexual harassment training: When does training become ‘stale’?
Most employers understand the importance of sexual harassment training, but providing it once and treating the exercise as complete is unlikely to be enough. The more useful question for HR is whether that training remains effective, particularly in light of the new duties coming into force.
From 30 October 2026, employers will be required to take “all reasonable steps” to prevent sexual harassment at work. Taking all reasonable steps may also provide an employer with a defence where it would otherwise be legally responsible for harassment carried out by an employee or, from October 2026, by a third party.
Against that background, simply showing that employees received training at some point in the past may not be enough. Employers will need to consider whether the training remains effective in practice.
When can training become “stale”?
A useful case is Allay (UK) Ltd v Gehlen. The case involved racial harassment rather than sexual harassment, but the same principle is relevant.
The employer had provided equality and diversity training around two years before the harassment took place. However, the Employment Appeal Tribunal found that it had become “stale”, noting that the training had been fairly brief and basic.
The decision does not mean that employers must provide refresher training every two years, as there is no fixed legal timetable.
Instead, the focus should be on whether the training remains effective in practice and whether any other reasonable steps are needed to prevent harassment.
Watch out for warning signs
There may be signs that refresher training is needed. For example:
- Inappropriate jokes or “banter” are becoming common
- Managers are not challenging inappropriate behaviour
- Employees do not know how to report concerns
- Complaints or incidents suggest that employees have not understood the training
It may also be sensible to refresh training when something significant changes within the organisation, such as rapid recruitment, new managers or different ways of working.
Managers may need additional training. They should understand what sexual harassment can look like, how to challenge inappropriate behaviour and what to do if an employee raises a concern.
What should HR take from this?
There is no fixed rule on how often sexual harassment training should be repeated.
The focus for HR should therefore be on whether the training is still effective in practice, rather than simply when it was last provided. If it is no longer effective, or there are warning signs that standards are slipping, refresher training may be needed.
Here to help
Our Employment team can help employers assess whether their harassment training remains effective, update workplace policies and provide practical guidance for managers. If you would like advice on meeting your duty to prevent sexual harassment at work, please contact Miranda Mulligan, Senior Solicitor, in our Employment Law team.
Please note, the contents of this article are provided for information only and must not be relied upon.
