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Wednesday, November 4, 2026

Employers face stronger harassment prevention duties and new trade union rights from 30 October 2026 - www.vwv.co.uk

Explore the Employment Rights Act Hub

This article forms part of our dedicated Employment Rights Act Hub, bringing together the latest legal updates, implementation tracker, practical guidance and resources across every key reform. Explore the wider picture and stay informed as the changes continue to develop.

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Harassment changes

Employers were already under a duty to take reasonable steps to prevent sexual harassment of their employees. Where the duty is breached, a tribunal can increase compensation by up to 25%, and the Equality and Human Rights Commission (EHRC) can take enforcement action.

The duty is now enhanced, to require employers to take “all reasonable steps” to prevent sexual harassment of staff. This raises the bar: some sensible measures will not suffice if other reasonable steps were missed.

A standalone third-party anti-harassment duty has also been introduced. This applies to all relevant protected characteristics, not only sex. Liability arises where the employer failed to take all reasonable steps to prevent the third party harassment.

The EHRC has updated its 8-step guide and technical guidance on sexual harassment and harassment at work.

Trade union changes

Independent trade unions now have a statutory right to access workplaces, in person or digitally, to meet, represent, recruit and organise workers, but not to organise industrial action. The parties should try to agree access terms (lasting up to two years) and, failing agreement,...



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