On the 30 October 2026 major reform came into force to address sexual harassment in the workplace.  Employers now have a positive preventative duty to take “all reasonable steps” to prevent sexual harassment of their workers. This raises the standard of care expected from employers, mandating a proactive approach to creating a safe workplace.

Employers are also now liable for harassment by third parties, such as customers, clients, patients or suppliers, if they fail to take reasonable steps to prevent such incidents.

Sexual harassment is defined under the Equality Act 2010 as 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. The new duty requires employers to be proactive and anticipate how sexual harassment might occur and implement measures to prevent it. The changes place greater responsibilities on employers to prevent sexual harassment and ensure transparency in handling complaints. Geoffrey Leaver Solicitors Employment Partner, Paula Stuart summaries the practical guidance issued by Equality and Human Rights Commission (EHRC) which provides actionable steps for employers to take.

EHRC 8-Step Guide

The EHRC has updated its guidance to provide an “Employer 8-step guide: Preventing sexual harassment at work | EHRC.”  Below is a summary of the eight steps.

Step 1: Develop an effective anti-harassment policy Employers must establish a clear and effective anti-harassment policy. Organisations should either maintain separate policies for sexual harassment and harassment related to other protected characteristics or ensure that a unified policy clearly distinguishes between different types of harassment. The policy should also outline specific strategies to address third-party harassment.

Step 2: Engage your staff Employers must actively engage with their workforce using a variety of methods to ensure that workers are fully aware of the anti-harassment policy, how they can report sexual harassment and the consequences of breaching it.

Step 3: Assess and take steps to reduce risk in your workplace Employers should undertake a written risk assessment to comply with the preventative duty. The risk assessment must anticipate scenarios where harassment could occur, considering factors such as power imbalances, lone working, and employee behaviour at work-related social events. Once risks have been identified then employers should take steps to reduce them and be able to demonstrate this.

Step 4: Reporting Employers should implement accessible and confidential reporting systems that allow workers to raise issues either anonymously or by name.  Options may include online reporting portals or independent telephone lines. All records must be kept secure and confidential to encourage reporting and protect the identities of those who come forward.

Step 5: Training All employees should receive training on sexual harassment, including managers and senior staff. Training should explain what constitutes sexual harassment, what to do if it occurs and how to handle complaints. Refresher training sessions should be delivered at regular intervals to ensure ongoing awareness and compliance.

Step 6: What to do when a harassment complaint is made When a complaint is made, the employer must act immediately to resolve the complaint ensuring that the wishes of the worker are considered.  A clear and transparent complaints procedure should be in place, and investigations should be conducted impartially and without delay. The procedure must respect the confidentiality of all parties.

Step 7: Dealing with harassment by third parties Employers must take all reasonable steps to protect workers from harassment by third parties, such as customers, clients, or patients. Steps to address third-party harassment could include putting reporting mechanisms in place, clear signage in public areas to state that harassment of staff will not be tolerated and avoiding lone or isolated working where possible.

Step 8: Monitor and evaluate your actions Organisations must regularly monitor, analyse, and evaluate the effectiveness of their preventative actions. This can be achieved through carrying out anonymous staff surveys on their experience, reviewing complaints and holding lessons-learned sessions.

Policies, procedures and training should also be regularly reviewed.

Summary The EHRC’s 8-step guide provides a practical framework for employers to meet their new legal duties under the Employment Rights Act 2025. By developing comprehensive policies, engaging staff, conducting risk assessments, providing training, and monitoring progress, employers can create safer workplaces and reduce the risk of sexual harassment. Proactive compliance not only protects workers but also safeguards organisations from potential legal liability.

How we can help

The Geoffrey Leaver Solicitors Employment Team can assist employers in meeting their new duties by working closely with them to create, review, and update risk assessments, policies, and procedures. Whether you need to draft new policies from scratch or implement robust reporting and training frameworks, our team provides expert guidance to protect both your workers and your business.

For further information or to discuss how we can help please contact Paula Stuart in the Employment Team on 01908 689345 or by email at pstuart@geoffreyleaver.com.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.