Stronger protections against workplace harassment

Two important changes to harassment law take effect on 30 October 2026, both of which will require employers to take a more proactive approach to identifying and preventing harassment in the workplace.

From ‘reasonable’ to ‘all reasonable’ steps

Since October 2024, employers have been under a positive duty to take reasonable steps to prevent sexual harassment of employees. From 30 October, that will become a duty to take all reasonable steps.

That small change in wording raises the bar. Employers will need to consider whether there are further reasonable measures they could take, rather than simply whether the measures already in place are adequate.

For HR teams, this means revisiting sexual harassment risk assessments. Are the particular risks within your organisation identified? Are policies backed up by effective training? Do employees know how to report concerns? Are managers equipped to respond?

Third party harassment returns

The second change concerns harassment by people outside the workforce, including customers, clients, suppliers and visitors.

Employers will be liable where an employee is harassed by a third party in the course of employment and the employer has failed to take all reasonable steps to prevent it.

Third-party harassment should therefore form part of employers’ wider assessment of workplace risks. For example, a hotel may need to consider guest behaviour towards staff, a retailer may need to address abusive customers, while a professional services business should consider employees’ interactions with clients.

Depending on the risks identified, appropriate measures could include clear standards of behaviour for customers and clients, reporting procedures, guidance for managers, warnings or bans for abusive individuals and additional safeguards for higher-risk roles.

Preparing for the changes

Employers should review their harassment risk assessments with both changes in mind, considering where risks could arise and, in particular, where employees interact with third parties. The next step is to identify what reasonable measures could be taken to prevent or reduce those risks.

From 30 October, having a policy and providing periodic training may only be the starting point. The focus will increasingly be on whether employers have identified the specific risks within their organisation, including third-party harassment, and taken all reasonable steps available to prevent them.

Here to help

Our Employment team can help employers review harassment risk assessments, policies, training and safeguards for employees who interact with third parties. If you would like advice on taking all reasonable steps to prevent harassment or managing third-party risks, please contact Richard Gvero, Senior Partner and Head of Employment.

Please note, the contents of this article are provided for information only and must not be relied upon.