Sexual Harassment – Preparing for new Third-Party Harassment Protections
With greater legal exposure and increased expectations around preventative action, now is the time to check whether your current approach is robust enough.
October 2026 changes
From October 2026, employers will be liable where:
• An employee is harassed by a third party in the course of their employment; and
• The employer failed to take “all reasonable steps” to prevent it.
These rules will apply not only to sexual harassment, but also to harassment related to protected characteristics such as race, religion, disability, age, or sexual orientation.
Could your business be affected?
Third parties are people employees interact with during the course of their work who are not direct colleagues.
• Customers and clients
• Patients and service users
• Contractors and suppliers
• Members of the public
• Visitors and event attendees
Why are the changes significant?
Following the introduction of the preventative duty in October 2024, you should have already taken steps to improve sexual harassment protection.
The 2026 changes extend beyond sexual harassment and require employers to take a broader approach to third-party harassment risks.
The stricter requirement to take “all reasonable steps” also raises the bar for employers. Employment Tribunals will assess not only what action an employer took, but also whether more could have been done to protect employees, increasing your liability if gaps are found.
Practical steps
How can you prepare?
• Review where third-party harassment risks exist
• Which employees face greater exposure
• Review whether current controls are sufficient.
What additional preventative measures may be needed:
A risk assessment process will be key. The Equality and Human Rights Commission (EHRC) guidance states that employers are unlikely to meet their preventative obligations without carrying out a risk assessment.
Examples of preventative measures
Your approach will depend on the nature of your business, workforce and environment.
• Measures may include:
• Harassment and personal safety training
• Clear reporting and escalation procedures
• Lone worker protections
• Customer conduct messaging/signage
• CCTV or body-worn cameras
• Contractor and client behavioural expectations
You should also be prepared to evidence the rationale behind the decisions you make – particularly where some control measures are deemed disproportionate or impractical.
The risks of getting it wrong
• Tribunal claims
• Uncapped compensation awards
• Significant reputational damage
• Reduced confidence and engagement from employees
• Increased absence
• Higher staff turnover
If you need any help with sexual harassment policies, managers training, staff communication or understanding your responsibilities, please email us (team@hrprime.co.uk). We also have a sexual harassment pack which is available for our retained clients without charge – if you would like to receive the pack please let us know.
