Lauren Harkin explains the preventative approach businesses need to to adopt in light of the Employment Rights Act reforms
Since 6 April 2026, disclosing sexual harassment was added to the list of qualifying disclosures for whistleblowing purposes. Provided the usual legal tests are met (that the complainant has reasonable belief of the wrongdoing and the complaint is in the public interest), workers who raise concerns about sexual harassment may therefore be protected from detriment and unfair dismissal. The change is intended to remove uncertainty around whether a sexual harassment complaint can amount to a protected disclosure.
From October 2026, the existing duty to take ‘reasonable steps’ to prevent sexual harassment will be strengthened to a duty to take ‘all reasonable steps’. That may look like a small drafting change, but it is significant. Employers will need to show not only that they took appropriate steps, but that there was nothing further they could reasonably have done. Guidance on what will amount to all reasonable steps is expected in 2027.
Also from October 2026, the Employment Rights Act 2025 will introduce employer liability for third-party harassment – for example by customers, clients, patients or contractors – where the employer has failed to take all reasonable steps to prevent it. This is not limited to sexual harassment; it covers all harassment linked to protected characteristics more broadly.
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