8 ways to prepare for the new sexual harassment law changes

Workplace sexual harassment legislation is set to become much stricter – with several changes being brought forward in the recently approved Employment Rights Act.

Since 2024, employers have had a legal duty to take ‘reasonable steps’ to prevent sexual harassment in the workplace – but new rules will expand this and force employers to adopt a raft of new measures.

You’ll need to reconsider your processes – ensuring you look closely at risks, how concerns are reported, and whether the right training is in place.

With more changes coming into force from October 2026, we’ll guide you through the reforms and explain how you can prepare.

READ MORE: Employment Rights Act: The effect on your work environment

Changes to workplace sexual harassment law – how your business can prepare

How the Employment Rights Act will affect workplace sexual harassment requirements

Several changes to sexual harassment requirements are coming into effect from October 2026. These are primarily related to employer duty of care, third-party liability, and the status of NDAs.

What is changing?	Details	When
Enhanced duty of care	The legal threshold shifts from taking ‘reasonable steps’ to taking ‘all reasonable steps’ to prevent staff from being sexually harassed. If ‘all reasonable steps’ are not taken, employers may be held liable – including for third-party incidents from customers or clients.	October 2026
Third-party liability	As mentioned before, employers will become directly liable for harassment of their employees from third parties (including clients, customers, and contractors) unless they can prove they took ‘all reasonable’ preventative steps.	October 2026
Voiding NDAs	Non-disclosure agreements or confidentiality clauses that prevent workers from reporting or disclosing workplace sexual harassment will become legally void.	2027
Proscribed standards	Future regulations will detail what specific actions employers will need to take to satisfy the new ‘all reasonable steps’ requirement.	2027

Changes have already been made to workplace sexual harassment legislation as a result of the 2025 Employment Rights Act.

In April 2026, the rules around whistleblowing were changed to make sexual harassment disclosures explicitly ‘protected ’, shielding workers who make these reports from detriment or unfair dismissal.

What is classed as sexual harassment in the workplace?

Under the 2010 Equality Act, sexual harassment in the workplace includes unwanted conduct of a sexual nature.

The act must have the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.

Common examples can include:

• Making sexual remarks about someone’s body, clothes, or appearance
• Telling sexual jokes or stories
• Asking intrusive questions about someone’s sex life
• Displaying or sharing pornographic or sexual images – including AI-generated content
• Unwanted physical contact such as hugging, touching, or groping
• Dismissing such sexual behaviour as ‘workplace banter’

What areas will be impacted by sexual harassment changes?

HR

For HR teams, the focus will move beyond simply responding to complaints when they arise. Employers will need to demonstrate that they have actively considered where risks may exist and taken reasonable measures to prevent issues occurring in the first place.

In practice, this may involve:

• Reviewing and updating anti-harassment, dignity at work and disciplinary policies.
• Providing regular bespoke training to employees and managers.
• Ensuring managers understand how to identify concerns and escalate issues appropriately.
• Reviewing induction processes so expectations around behaviour are clear from day one.
• Conducting regular reviews of workplace culture and employee feedback.
• Maintaining clear records of actions taken to prevent and address harassment concerns.

Many businesses are also carrying out broader Employment Rights Act readiness reviews to identify gaps in their existing policies, procedures and management practices before the new requirements take effect.

Health and Safety

Historically, workplace sexual harassment has often been managed primarily through HR policies and procedures. However, the forthcoming changes are likely to require organisations to take a broader risk management approach, recognising sexual harassment as a foreseeable workplace risk that must be assessed, controlled and monitored.

In practice, this means Health & Safety teams may need to work alongside HR and operational leaders to identify situations where employees may be at increased risk and implement preventative measures.

For some organisations, compliance may involve introducing specific sexual harassment risk assessments or incorporating these risks into existing health and safety management systems. The focus should be on identifying where risks may arise and implementing practical controls to prevent incidents before they occur.

Examples of measures employers may introduce include:

• Clear behavioural expectations for employees, customers, contractors and visitors.
• Enhanced supervision in higher-risk environments.
• Reporting mechanisms that allow employees to raise concerns quickly and confidentially.
• Additional safeguards for lone workers and employees working out of hours.
• Pre-event risk assessments for conferences, client entertainment and work social events.
• Regular reviews of complaints, incidents and employee feedback to identify areas requiring additional controls.

Whistleblowing

From October 2026, employers will need to demonstrate that they have taken all reasonable steps to prevent sexual harassment, including harassment by third parties such as customers, clients, suppliers and contractors. An effective whistleblowing framework will be a key component of demonstrating compliance with the legislation.

Businesses should review their whistleblowing arrangements to ensure that workers can safely raise concerns about sexual harassment, inappropriate behaviour, and failures in management responses. Reporting channels should be confidential, accessible, and available to employees, agency workers, contractors and, where appropriate, third parties.

Organisations should also update whistleblowing policies to explicitly reference sexual harassment concerns and clearly explain how reports will be handled, investigated and escalated. Staff should receive training not only on expected standards of behaviour but also on how to report concerns without fear of retaliation.

Management information is equally important. Employers should monitor whistleblowing reports, identify emerging trends, and use data to assess whether preventative measures are working effectively. Regular reporting to senior leadership and boards helps demonstrate proactive oversight and continuous improvement.

A trusted reporting culture enables organisations to identify risks, intervene quickly, protect individuals from harm, and demonstrate that they are taking all proportionate steps to prevent workplace sexual harassment.

By taking a joined-up approach between Health & Safety, People and Whistleblowing, organisations will be better placed to demonstrate that they have taken proactive and reasonable steps to protect their workforce, whilst creating a safer and more respectful working environment for everyone.

8 ways your business can prepare for the workplace sexual harassment changes

There are a number of steps your business can take to prepare for the new rules.

1. Revise anti-harassment policy- Ensure workplace rules explicitly state that there is a ‘zero-tolerance’ policy in place for both internal colleagues and external parties.
2. Conduct risk assessments- identify key areas where employees may interact with the public or face isolated environments. You should then create proactive safety plans that allow you to take ‘all reasonable steps’ to mitigate sexual harassment.
3. Review confidentiality clauses- To prepare for the ban on NDAs that prevent workers from disclosing or reporting sexual harassment, you should begin phasing out these kinds of gagging agreements.
4. Open safe reporting channels- To accommodate the recent changes to whistleblowing, you should begin providing multiple reporting channels where workers can express concerns or make disclosures without fear of detriment or reprisal. If you already have a whistleblowing policy in place, you must ensure that it acknowledges that disclosures about sexual harassment carry explicit protection, meaning complaints must be handled with strict compliance and care.
5. Keep detailed records of ‘all reasonable steps’-ensure you document every step taken to mitigate sexual harassment in the workplace, including completed training courses and addressed complaints.
6. Adequate training for employees- Deliver regular, mandatory training sessions that ensure employees are able to recognise harassment and how to make a report or witness intervention.
7. Take third-party reports seriously- Investigate complaints about clients or customers with the same rigour and urgency as you would in an internal report.
8. Evaluate your processes regularly- continuously reviewing and updating your processes ensures your prevention strategies are up-to-date.

This can help you take on board employee feedback and adapt your approach as rules change.

 

How AAB can help

The changes to workplace sexual harassment law mean employers need to be proactive – not reactive.

Our People Team can help you understand what the new requirements mean for your business and put practical measures in place to reduce risk. From reviewing your policies and processes to nice-to-have risks and supporting staff training, we’ll work with you to identify any gaps and strengthen your approach.

With the scale and importance of the Employment Rights changes coming this year and next, preparing for the new sexual harassment requirements is more important than ever. It’s not simply a nice-to-have; employers have a clear responsibility to ensure they are ready to meet their obligations. Taking a joined-up approach across Health & Safety, Whistleblowing and People will help ensure your organisation is prepared and your employees are properly supported. If you need help getting ready for these changes, please get in touch with Natalie O’Hare, Sean McAuley, Lee Craig, a member of the People Team, or your usual AAB contact.