As we have previously reported, since October 2024, UK employers have had a proactive duty to take “reasonable steps” to prevent the sexual harassment of their workers. However, from October 2026, that duty will become tougher. The Employment Rights Act 2025 (ERA 2025) will require employers to show they have taken “all reasonable steps” to prevent sexual harassment, and will make them liable for third-party harassment on any protected grounds unless they can demonstrate they have taken all reasonable steps to prevent it.
In parallel, many regulated employers are preparing for the Financial Conduct Authority’s new non-financial misconduct regime, which takes effect on September 1, 2026. This will also require regulated employers to take steps to address and prevent conduct such as harassment, bullying, and discrimination.
The stakes are rising. But which steps actually work? New workplace harassment research from the Equality and Human Rights Commission (EHRC) highlights measures that employers may wish to consider.
Background
The EHRC published updated guidance in September 2024 to reflect the new duty to prevent sexual harassment. That guidance made clear that employers are unlikely to be compliant with this duty unless they have carried out a risk assessment, which identifies the steps that are reasonable for the employer to take, and their level of risk. The guidance is currently being updated to reflect the ERA 2025 reforms, but it is likely that risk assessments to...
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