As we approach the end of 2025, it’s timely to reflect on the progress made, and the work still to do, in preventing sexual harassment in the workplace.

We’re now a year on from the implementation of the Worker Protection (Amendment of Equality Act 2010) Act 2023, which placed a new legal duty on employers to proactively protect their workers. With the Employment Rights Bill (ERB) set to raise the bar further in 2026, the message is clear: employers must move from policy to practice, from compliance to culture.

Timeline of key sexual harassment law changes for employers

From ‘reasonable’ to ‘all reasonable’ steps – October 2026

The Worker Protection Act, which came into force on 26 October 2024, introduced a proactive duty on employers to take ‘reasonable steps’ to prevent sexual harassment. This marked a significant shift from a reactive model to one that requires anticipation, planning and prevention.

However, the ERB, expected to come into force in stages, will go further. From October 2026, employers will be required to demonstrate they have taken ‘all reasonable steps’ to prevent harassment, not just some. This subtle but powerful change raises the threshold for compliance and will require a more comprehensive, evidence-based approach to prevention.

Whistleblowing and NDAs – April 2026 and beyond

From April 2026, disclosures related to sexual harassment will be explicitly recognised as protected disclosures under whistleblowing legislation. This means employees who raise concerns will have enhanced legal protection from retaliation.

The ERB will also make most non-disclosure agreements (NDAs) that attempt to silence victims of harassment unenforceable. While the exact implementation date for this is still to be confirmed, employers should begin reviewing their use of NDAs now to make sure they’re ready to comply.

Third-party harassment – October 2026

From October 2026, employers will also be directly liable for harassment by third parties, including clients, customers, contractors and suppliers, if they fail to take all reasonable steps to prevent it. This reintroduces and strengthens a duty that was previously repealed in 2013, reflecting a broader understanding of the risks employees face beyond internal teams.

Consequences of non-compliance with sexual harassment standards

The legal implications are significant. Employers that fail to meet the new standards could face increased tribunal awards (up to 25% uplift in compensation), regulatory enforcement by the Equality and Human Rights Commission (EHRC), and reputational damage that could be difficult to repair.

But beyond compliance, there’s a compelling business case. A clear, zero tolerance stance on harassment is increasingly important to younger generations, who are more drawn to inclusive, values-led employers. In a competitive labour market, this can be a differentiator for recruitment and retention.

What employers should be doing now

With the festive season approaching, a time when social events can blur professional boundaries, now is the time to restate behavioural expectations. It’s not too late to issue a reminder to staff and third parties about your organisation’s standards and reporting routes.

Looking ahead to 2026, HR and leadership teams should focus on embedding a top-down approach to prevention. This includes:

• Documenting your actions: Keep clear records of what you’ve done and what’s planned, this will be critical under the ‘all reasonable steps’ test.
• Regular, meaningful training: A one-off e-learning module is not enough. Training should be tailored, interactive and refreshed regularly.
• Clear, accessible policies: Policies must be written in plain English and understood by both employees and managers, who are the custodians of culture.
• Risk assessments: Identify high-risk roles, locations or events (eg lone working, client-facing roles, travel and events with alcohol).
• Leadership accountability: Senior leaders must model expected behaviours and be visible in their commitment to a safe, respectful workplace.

How we can support your organisation

The law is evolving to reflect societal expectations. Employers that fail to act risk more than legal exposure; they risk losing the trust of their people. As we prepare for 2026, the challenge is not just to comply but to lead.

Here are some ways we can support your organisation in putting policies and principles into practice:

• Strategic DEI planning – aligning diversity, equity and inclusion (DEI) goals with your business strategy and risk profile.
• Risk audits and reviews – assessing current policies, practices and culture against legal requirements and best practice.
• Training and development – delivering tailored, practical training for employees, managers and leaders.
• Cultural strategy support – helping embed a top-down, values-led approach to workplace culture and behavioural expectations.

To make sure your organisation is ready for 2026 compliance, please get in touch with Sharon Broughton or your usual RSM contact.

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