Sexual harassment law just changed again.
Here is why a simple policy is no longer enough.

Since October 2024, employers have been legally required to take proactive steps to prevent sexual harassment in the workplace. Not react to it. Prevent it. That was already a meaningful change for many businesses. What is coming in October 2026 raises the bar considerably further, and I want to make sure you understand the practical implications before you get there.

What is actually changing

The Employment Rights Act 2025 replaces the existing duty to take reasonable steps to prevent sexual harassment with a duty to take all reasonable steps. That single word matters far more than it appears. In a tribunal, you will not simply need to show what you did. You will need to demonstrate that there was genuinely nothing further you could reasonably have done.

From October 2026, your business will also face direct liability for sexual harassment committed by third parties, including customers, contractors and any other individuals your people come into contact with in the course of their work, unless you can demonstrate that you took all reasonable steps to prevent it.

And from 6 April 2026, which is already in force, employees who report sexual harassment are protected as whistleblowers. That means any detriment or dismissal following such a report now carries serious legal exposure for the business. If you have not updated your whistleblowing policy to reflect this, it needs to happen today.

Why policies alone are not enough

A few posters and a page or two  in the staff handbook will not satisfy a tribunal. What inspectors and tribunals are looking for is evidence of genuine, embedded culture: documented risk assessments, manager training that has actually happened, clear reporting channels, and consistent follow-through when issues are raised.

Training that took place two years ago and was filed away does not demonstrate the kind of ongoing commitment the new standard requires. The duty is a continuing one. It needs to be revisited, refreshed and evidenced regularly.

We have a toolbox talk designed precisely for this purpose. It is practical, honest and workplace ready. You can deploy it to your team now. It is the kind of training that demonstrates genuine commitment rather than box-ticking, and it is exactly the evidence base you want on file before October.

The numbers behind this

A tribunal can increase compensation by up to 25% where an employer has failed to take reasonable steps to prevent sexual harassment. Under the new all reasonable steps standard, that exposure becomes harder to avoid without a robust, evidenced approach. And the reputational consequences of getting this wrong in a small or mid-sized business are rarely recoverable.

The investment of time and resource now is a fraction of the cost of responding to a claim later. Get in touch with us and we will arrange the toolbox talk for your team, review your policies and make sure you are in the right position for October.