Sexual harassment law changes 2026: what employers need to know

The latest sexual harassment law changes strengthen the preventive duty for employers in Great Britain. Since 30 October 2026, employers must take all reasonable steps to prevent sexual harassment of their workers, including by third parties. Training can support that duty, but it is only one part of a wider prevention plan.

The earlier duty, introduced on 26 October 2024, required employers to take reasonable steps. The change means employers need to consider every step that is reasonable for their organisation, rather than selecting only some of them.

The 2024 duty and the 2026 changes

The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced a proactive duty for employers to take reasonable steps to prevent sexual harassment of their workers. The duty came into force on 26 October 2024 and applies in England, Scotland and Wales.

On 30 October 2026, the Employment Rights Act 2025 strengthened that duty. Acas guidance says employers must now take all reasonable steps to prevent sexual harassment of their workers. This includes harassment by customers, clients and other third parties.

The practical focus is prevention. Employers should not wait for a complaint before considering the risks their workers face. They should identify where sexual harassment might occur, take all reasonable steps to reduce those risks and review how well their measures are working.

The duty sits alongside existing protections under the Equality Act 2010. It does not mean that sexual harassment became unlawful for the first time in 2024. Nor does it replace an employer’s responsibilities to respond when a concern is raised.

For the latest position, check legislation.gov.uk alongside guidance from Acas and the Equality and Human Rights Commission. Look for the relevant provision, its geographical scope and the date it took effect. If a decision depends on the exact wording, take employment law advice.

Northern Ireland has a separate equality law framework. Employers operating there should check the applicable Northern Ireland legislation and guidance rather than assume the Great Britain position applies unchanged.

Recognising sexual harassment at work

Sexual harassment is unwanted conduct of a sexual nature that has the purpose or effect of violating someone’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

The behaviour may be verbal, physical or non-verbal. Unwanted sexual comments, intrusive questions about someone’s sex life, sexual messages, displaying sexual images and unwanted touching can all be relevant examples. A single incident may be serious enough to amount to harassment.

The legal assessment considers the circumstances, including the person’s perception and whether it is reasonable for the conduct to have had the relevant effect. Someone saying they meant a comment as a joke does not automatically settle the issue.

Workplace risks are not limited to the employer’s premises or normal working hours. Conduct can occur through work messaging systems, during travel, at a client’s site or at a work-related social event. A useful policy should make clear how workers can raise concerns about those situations.

Sexual harassment is one form of harassment. Other unwanted conduct may relate to a protected characteristic, such as sex, race or disability. An employer’s wider conduct policy should address those risks too, while recognising that the prevention duty specifically concerns sexual harassment. Full Cycle Training’s bullying and harassment training covers the broader distinction between bullying and harassment.

All reasonable steps in practice

All reasonable steps are the actions an employer can reasonably take to reduce the risk of sexual harassment in its particular workplace. There is no single checklist that will be sufficient for every organisation.

A small office with a stable team may face different risks from a care provider whose workers visit people alone. A hospitality business may face different risks again, particularly if employees regularly deal with customers late at night. Size and resources can be relevant, but a small business should not assume that it has no preventive responsibilities.

Start with a risk assessment focused on the work people actually do. Consider:

• Where power imbalances arise.

• Who works alone.

• How people communicate online.

• Whether staff are exposed to clients or members of the public.

• What previous concerns, staff feedback and working arrangements reveal.

Then decide which actions are reasonable for your organisation. For a lone worker visiting clients, that could mean giving the employee a way to report an incident quickly. It could also mean setting clear expectations with clients and planning how to leave an unsafe situation. A business with frequent social events might review how events are supervised and make sure staff know that its conduct standards still apply.

Record the risk, the action taken, who is responsible and when the measure will be reviewed. A record helps demonstrate the decisions made, but the action itself matters more than the document. A policy that employees cannot find, or a reporting channel nobody trusts, offers limited protection.

Third-party risks and legal liability

Customers, clients, contractors, patients and other visitors can create risks of sexual harassment for workers. Employers should consider third-party risks when deciding what steps are reasonable under the prevention duty.

The Employment Rights Act 2025 also provides for a separate form of employer liability where a third party harasses an employee in the course of employment. This is distinct from the duty to prevent sexual harassment: it concerns liability for an incident of harassment, rather than enforcement of the broader preventive duty. The provision covers sexual harassment and harassment related to a relevant protected characteristic. Check the commencement of the relevant provision and current guidance before relying on it in a particular case.

Under the new liability provision, an employer has a defence if it can show it took all reasonable steps to prevent the third party from harassing the employee. A previous incident or warning is not necessarily required. An employer should therefore assess foreseeable risks before an incident occurs, rather than wait for repeated behaviour.

For example, a worker may be repeatedly subjected to sexual comments by a customer. An employer’s response could include:

• Supporting the worker and recording the concern.

• Deciding who will speak to the customer.

• Considering restrictions on further contact.

• Reviewing whether the action taken has prevented a recurrence.

The right action depends on the facts and the employer’s control over the situation.

The preventive duty should be distinguished from the legal rules governing an individual claim arising from third-party harassment. The relevant tests and available remedies depend on the circumstances and applicable legislation. Seek employment law advice where a complaint may give rise to a claim.

There is also a distinction between a third party’s conduct and harassment by another employee. An employer can be legally responsible for harassment by an employee in certain circumstances, subject to the relevant legal tests and any available defence. The prevention duty and that potential liability are related, but they are not identical.

Prevention should continue even where the organisation cannot control every interaction. Set conduct expectations with external parties where practical, give workers a route to report problems and make sure managers know what authority they have to intervene.

Enforcement and compensation

The Equality and Human Rights Commission can enforce the prevention duty. An employer should therefore take prevention seriously even if no individual has made a complaint.

An employment tribunal may increase compensation by up to 25% if a worker succeeds in a relevant sexual harassment claim. The employer must also be found to have breached its prevention duty. The uplift is not automatic. The tribunal considers whether an increase is appropriate and, if so, how much.

Under the 2024 arrangements, a breach of the prevention duty was not, by itself, a standalone individual claim for that breach. The potential uplift was connected to a successful sexual harassment claim. Employers should check the current law and available routes before acting.

Claims can involve different legal issues, including harassment, victimisation and an employer’s responsibility for an employee’s conduct. Outcomes depend on the facts. If a complaint could lead to a tribunal claim, obtain advice promptly: time limits can be short, and contacting Acas about early conciliation can affect the calculation.

The aim of prevention should be wider than reducing the risk of a claim. Workers need to be able to do their jobs without unwanted behaviour and to trust that concerns will be taken seriously.

Build a prevention plan for your organisation

A useful prevention plan connects workplace risks with actions people can carry out. Begin by identifying a senior person responsible for the plan, then involve HR, managers and workers who understand the day-to-day setting.

Review your policy against the actual risks. It should explain unacceptable conduct, cover behaviour by external parties where relevant and describe how employees can report concerns. Make the policy accessible to people on different shifts, those working remotely and staff who do not routinely use a desktop computer.

Give workers more than one route to raise an issue. An employee may not feel comfortable reporting to their direct manager, particularly if that person is involved. An alternative contact in HR or a more senior manager can make the process more accessible. Explain what happens after a report and who will normally see the information.

Communication matters as much as the written policy. Managers can reinforce expected conduct during induction, team meetings and discussions before work-related events. New starters should know how to seek help before a problem arises, not only after completing a policy acknowledgement.

Review risks and keep records

Review the plan when circumstances change. A new client-facing service, an increase in lone working or a change to online communication can introduce different risks. Complaints, anonymous feedback and exit interviews may also reveal issues worth investigating. An absence of formal complaints does not necessarily mean that the workplace is free of problems.

For evidence, keep a proportionate record of policy reviews, risk decisions, communications and training completion. Store complaint information securely and restrict access to those who need it. Training records can show who was assigned learning and who completed it, but they cannot establish on their own that behaviour has changed or that every risk has been addressed.

Handling reports fairly

A report of sexual harassment should be taken seriously, even if the person raising it is unsure about making a formal complaint. Listen without promising an outcome or asking the individual to justify why they did not report sooner.

Explain the available routes and discuss any immediate support or safety concerns. Depending on the circumstances, temporary adjustments may be appropriate while the matter is considered. Avoid treating the person who raised the concern as the problem or making changes that unnecessarily disadvantage them.

An investigation should be appropriate to the allegation and handled as impartially as possible. Identify who will carry it out, gather relevant evidence and give the person complained about a fair opportunity to respond. Keep an accurate record of decisions and communicate the outcome to those who need to know it, while respecting confidentiality.

Confidentiality is important, but it should not be promised without qualification. Information may need to be shared with the people responsible for investigating or taking action. Tell the reporting person how the information will be used and limit unnecessary disclosure.

Watch for victimisation. Workers should not be treated badly because they have raised a discrimination concern or supported someone else in doing so. Managers should also follow up after the immediate process to check for any continuing difficulties or repeated behaviour.

Some disclosures about sexual harassment may also qualify for whistleblowing protection if the legal conditions are met. Full Cycle Training’s whistleblowing awareness course covers reporting procedures and whistleblower protections.

Where an allegation is serious, complex or involves a senior decision-maker, an employer may need independent investigation support or legal advice. A fair process protects the integrity of the decision as well as the people involved.

Training and the legal duty

The law does not prescribe a single mandatory sexual harassment course for every workplace. However, employers must take all reasonable steps to prevent sexual harassment, and training may be a reasonable step for an organisation to take.

Acas includes informing and training workers among the steps employers can consider. Your decision should reflect your workforce, the risks identified and what employees and managers need to know. An organisation may also make training mandatory under its own policy.

Completing a course does not automatically satisfy the legal duty. Training needs to sit alongside practical measures such as accessible reporting routes, a suitable policy and action on risks involving third parties.

Choosing training for different roles

Training is most useful when it matches the decisions people need to make. A course that helps every employee recognise sexual harassment and raise a concern may be a suitable starting point. Managers usually need additional learning on receiving reports, recording information, preventing retaliation and responding to risks in their teams.

Compare the content with your workplace. A general online course can help an organisation provide consistent information across shifts and locations. It may be less effective on its own if employees also need to practise difficult conversations or apply a policy to specialised situations. In that case, a manager-led discussion, workshop or role-specific briefing may be a useful addition.

Check that the material explains reporting routes and reflects your own procedures. A learner who understands the general law still needs to know who to contact in your organisation. Ask how the content is reviewed, whether it is accessible to your workforce and how you will identify employees who have not completed it.

Tracking completion can make administration easier, particularly for larger teams. It is still worth checking understanding in other ways, such as discussing scenarios with managers and asking staff whether they know how to report a concern. A completion record is evidence that learning took place, not proof that the employer has taken every reasonable preventive step.

Cost and time are also decision factors. Consider the number of learners, the need for additional manager support and the time required to apply the learning to your own policy. A shorter general course may suit an introductory awareness programme, while an organisation facing particular risks may need to supplement it with more targeted work.

Put training into action

Full Cycle Training’s sexual harassment awareness online course covers recognising inappropriate behaviour, raising concerns and promoting a respectful workplace. The course page lists a 35-minute duration. It also provides current course details.

Before assigning it, identify the employees who need introductory awareness and the managers who need further instruction on your internal process. You can use the learning platform to assign training and monitor progress. Combine those records with your policy review and risk assessment.

View the course details to assess its suitability, or discuss your team’s training requirements with Full Cycle Training. Keep the course page and current official guidance to hand when planning any further role-specific training.

Frequently Asked Questions

What changed in the sexual harassment prevention duty in 2026?

On 30 October 2026, the duty in Great Britain changed from taking reasonable steps to taking all reasonable steps to prevent sexual harassment of workers. Employers need to consider and take each step that is reasonable for their circumstances.

Can an employer be liable for harassment by a customer?

The Employment Rights Act 2025 provides for employer liability for third-party harassment in certain circumstances, with a defence if the employer took all reasonable steps to prevent it. Check the provision’s commencement and seek advice on the facts of an individual case.

Does the law require every employee to complete sexual harassment training?

The law does not name a single course that every employee must complete. Training may nevertheless be a reasonable preventive step, and an employer can make it mandatory under its own policy.

who has completed sexual harassment awareness training?

Yes. Full Cycle Training’s learning platform lets you assign courses and monitor learner progress. Completion records can support your prevention plan, but they do not prove that your organisation has taken all reasonable steps.

Is the sexual harassment awareness course suitable for managers as well as employees?

Yes. The course is designed for employees, managers and HR professionals. Managers responsible for receiving complaints or investigating allegations may also need further training tailored to their role and your organisation’s procedures.

Should we choose sexual harassment awareness or broader bullying and harassment training?

It depends on your priorities. Choose sexual harassment awareness if you need a focused introduction to recognising and preventing that behaviour. Broader bullying and harassment training can support a wider conduct programme, and some organisations may benefit from both.

Can we use the course instead of our own workplace policy?

No. The course can support awareness, but employees also need to know your organisation’s reporting routes and procedures. Review your policy alongside your risk assessment and make sure staff know where to find it.