From 30 October 2026, employers in the UK must take all reasonable steps to prevent sexual harassment at work, rather than simply reasonable steps. One added word, but it moves the bar: it removes the argument that a handful of sensible measures was enough, and it changes the question a tribunal asks from what an employer did to what an employer could have done.
The change comes from the Employment Rights Act 2025, which is phasing in a series of reforms through 2026. Sitting alongside it is a second change that carries just as much practical weight: employers become liable for harassment of their staff by third parties, including customers, clients, contractors and visitors.
Many organizations already have anti-harassment policies and procedures in place. What the strengthened duty raises is a different question, which is whether those arrangements are current, actively communicated, and capable of being evidenced if a concern arises. For employers managing obligations in several countries at once, it is one more fixed date in a busy year of international employment law change.
Key takeaways
- From 30 October 2026, the preventative duty rises from taking reasonable steps to taking all reasonable steps to prevent sexual harassment.
- Employers also become liable for third-party harassment of their staff by customers, clients, contractors, service users and visitors, unless they can show they took all reasonable steps to prevent it.
- Compensation under the Equality Act 2010 is generally uncapped, and a tribunal may add an uplift of up to 25% where the preventative duty has been breached.
- From 1 October 2026, employees have six months less one day to bring most tribunal claims, double the previous window.
- UK law does not mandate a standalone policy, but a documented risk assessment, current policies, training and a working reporting route are how employers evidence compliance.
- The review is worth completing before 30 October rather than after a complaint arrives.
What changes on 30 October 2026
The Employment Rights Act 2025 strengthens the preventative duty already sitting on UK employers. From 30 October 2026, employers must take all reasonable steps to prevent sexual harassment in the workplace.
The added word changes where the burden falls. Under the previous test, an employer could point to the measures it had in place and argue they were reasonable in the circumstances. Under the new test, a tribunal is entitled to look at the measures the employer did not take and ask why. A policy that exists but was never communicated, training delivered once several years ago, or a reporting route employees do not use are all more likely to read as gaps than as evidence of compliance.
The duty is also anticipatory. It applies whether or not a complaint has been made, which is why a review carried out now is worth considerably more than the same review carried out in response to an incident.
Third-party harassment: the new exposure
The same reforms introduce employer liability for certain third-party harassment. This covers harassment of your employees by people who do not work for your organization: customers, clients, contractors, service users, visitors and others who come into contact with your staff.
An employer will be liable unless it can show it took all reasonable steps to prevent that harassment. For businesses with customer-facing teams, field staff, or people working on client sites, this is the most significant practical change in the package, because it reaches beyond conduct the employer directly controls.
Preparing for it means assessing settings an HR team may not usually look at: client premises, events, service counters, and any role dealing with the public. A risk assessment that only considers the internal workplace will not cover it.
What all reasonable steps looks like in practice
UK law does not specifically require employers to implement standalone policies covering these areas. Clear and properly communicated policies are, however, one of the main ways an employer demonstrates it has taken proactive steps to prevent discrimination and harassment. Five elements tend to carry the weight.
1. A documented risk assessment
Identify where harassment risk sits in your organization, third-party contact points included. Record what you found and what you decided to do about it. An assessment you cannot produce is difficult to rely on later.
2. Current policies
Review your existing anti-harassment, dignity at work and equal opportunities policies against current requirements. Where the review shows a material gap, a dedicated Preventing Sexual Harassment Policy is usually the cleaner answer, with handbook language and supporting procedures updated to match.
3. Training for employees and managers
Training should cover the standards, how to report a concern, and what managers are expected to do when one is raised. Managers carry the heavier burden, since a mishandled first report tends to become the center of any later claim.
4. Reporting mechanisms that work
Employees need a route to raise a concern that they trust and that produces a response. Where the only route runs through a line manager, there should be an alternative.
5. Periodic review
The duty is ongoing rather than a single exercise. Set a review cycle and keep the record of each round.
For organizations running these obligations across several countries, the same principles sit at the center of global HR compliance: written standards, evidence that they are applied, and a record you can produce on request.
Why the financial exposure has grown
Compensation for discrimination and harassment claims under the Equality Act 2010 is generally uncapped. Where an Employment Tribunal upholds a sexual harassment claim and finds the employer breached its duty to take reasonable steps to prevent sexual harassment, it may award an additional compensation uplift of up to 25% of the compensation awarded for that claim.
Two further changes widen the window in which claims arrive:
- Whistleblowing. Since 6 April 2026, workers who make protected disclosures concerning sexual harassment benefit from strengthened whistleblowing protections.
- Time limits. From 1 October 2026, the Employment Rights Act 2025 extends the limitation period for most Employment Tribunal claims, discrimination and harassment claims included, from three months less one day to six months less one day. Employees have twice as long to bring a claim.
Both sit inside the wider set of reforms covered in our guide to the UK Employment Rights Act 2025.
A practical checklist before 30 October
- Carry out and document a harassment risk assessment, including third-party contact points.
- Review anti-harassment, dignity at work and equal opportunities policies against current requirements.
- Draft a Preventing Sexual Harassment Policy where the review shows a gap.
- Update handbook language and supporting procedures so they agree with the policy.
- Deliver training to employees, with a separate session for managers.
- Confirm reporting routes work, and that at least one bypasses the line manager.
- Set a review date and put it in the calendar.
Employers operating in more than one jurisdiction will recognize the shape of this. The EU Pay Transparency Directive and the wider set of global compliance changes in 2026 follow the same pattern: a fixed date, a documentation requirement, and a penalty regime that rewards preparation.
How HSP Group can help
Our HR compliance team supports employers with:
- Reviewing current anti-harassment, dignity at work and related policies
- Identifying gaps against current legal requirements and best practice
- Drafting a new Preventing Sexual Harassment Policy where one is required
- Updating handbook language and supporting procedures
- Practical recommendations to strengthen compliance and reduce risk
Whether you are looking for a light-touch review or a fully tailored policy, we can make sure your documentation reflects both the legislative requirements and the way your organization actually works. This sits within our wider HR administration and global HR services support for multinational employers.
Get in touch to talk through your current arrangements ahead of the 30 October deadline.
Frequently Asked Questions About the UK Sexual Harassment Duty
What is changing for UK employers on 30 October 2026?
The Employment Rights Act 2025 strengthens the existing preventative duty. From 30 October 2026, employers must take all reasonable steps to prevent sexual harassment in the workplace, rather than simply reasonable steps. The same reforms also introduce employer liability for certain third-party harassment, including harassment by customers, clients, contractors, service users and visitors.
What does all reasonable steps mean in practice?
There is no fixed statutory list. In practice, a defensible position generally rests on a documented risk assessment covering third-party contact points, current anti-harassment and dignity at work policies, training for employees with a separate session for managers, a reporting route employees trust and will actually use, and a periodic review cycle with a record of each round. The shift to all reasonable steps means a tribunal can consider the measures an employer did not take, so the reasoning behind what you chose not to do is worth recording too.
Are employers now liable for harassment by customers and clients?
Yes, in defined circumstances. The reforms introduce employer liability for certain third-party harassment, covering harassment of your employees by people who do not work for your organization, including customers, clients, contractors, service users and visitors. An employer will be liable unless it can show it took all reasonable steps to prevent it. This is the most significant practical change for businesses with customer-facing teams, field staff, or people working on client sites.
Does UK law require a standalone sexual harassment policy?
UK law does not specifically require employers to implement standalone policies covering these areas. Clear and appropriately communicated policies are, however, an important element of demonstrating legal compliance and the employer’s obligation to take proactive steps. Where a review shows a material gap, a dedicated Preventing Sexual Harassment Policy is usually the cleaner answer, with handbook language and supporting procedures updated to match.
How much can a sexual harassment claim cost an employer?
Compensation for discrimination and harassment claims under the Equality Act 2010 is generally uncapped. In addition, where an Employment Tribunal upholds a sexual harassment claim and finds the employer breached its duty to take reasonable steps to prevent sexual harassment, it may award an additional compensation uplift of up to 25% of the compensation awarded for that claim.
How long do employees have to bring a claim?
From 1 October 2026, the Employment Rights Act 2025 extends the limitation period for most Employment Tribunal claims, including discrimination and harassment claims, from three months less one day to six months less one day. Employees have roughly twice as long to bring a claim as they did previously, which lengthens the period over which an employer’s preventative measures may come under scrutiny.
