Two significant changes to harassment law are expected to come into force on 30 October 2026. Both increase the focus on prevention and require employers to consider whether their current approach goes far enough, writes David Mills, National Head of Employment Law, Mills & Reeve.
Firstly, the existing duty on employers to take reasonable steps to prevent sexual harassment of their workers during the course of employment will be strengthened to “all reasonable steps”. Non-compliance could lead to compensation being increased by up to 25%.
Although the sexual harassment preventative duty has applied since October 2024, the move to “all reasonable steps” is a materially higher standard. Further regulations are expected on steps employers should take to prevent workplace sexual harassment. However, these are unlikely to be exhaustive and are some way off, so employers should review their current approach now.
Secondly, employer liability for third-party harassment will be reinstated. Employers may be liable where a worker is harassed by a third party in the course of employment in relation to a relevant protected characteristic, if the employer had not taken all reasonable steps to prevent it.
Liability can occur from the first incident and “third party” includes anyone the worker interacts with who is not a colleague. Managing third-party harassment risk may therefore be challenging, particularly where employers have limited control over customers, service users,...
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