Sexual harassment at work: Changes effective from 30 October and what employers need to do
Written by Sammy Sheikh from ooom Global Limited
Everyone should be able to work without experiencing sexual harassment. For employers, making that happen requires clear expectations, effective reporting procedures and action when behaviour falls short.
Recent changes to the law have strengthened employers’ responsibilities. Understanding those changes matters, but the real test is how organisations put prevention into practice.
Watch the Sky News explanation of the changes to workplace sexual harassment laws.
This article covers England, Scotland and Wales and reflects the position as at 2 November 2026. Northern Ireland has a separate legal framework.
When did the changes come into force?
There are two key dates.
On 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced a positive duty for employers to take reasonable steps to prevent sexual harassment. Employers were expected to anticipate risks and act before an incident occurred.
Read government guidance on the preventative duty.
On 30 October 2026, the Employment Rights Act 2025 strengthened that requirement to all reasonable steps.
It also introduced an obligation on employers not to permit harassment of employees by third parties, such as customers and clients. That protection extends beyond sexual harassment to other forms of harassment covered by the Equality Act.
Read Government announcement of the changes.
What does sexual harassment include?
Sexual harassment is 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.
Examples can include unwanted touching, sexual comments, intrusive questions about someone’s sex life, sexually offensive jokes and sharing sexual images.
It can involve a single incident or repeated behaviour, and it can happen through messages and online meetings as well as in person. Calling behaviour “banter” does not prevent it from being harassment.
Read Acas guidance on sexual harassment
What does this mean for employers?
Employers need to identify the risks in their organisation, consider the measures available and take every step that is reasonable in their circumstances.
What is reasonable will depend on factors such as the organisation’s size, resources, working arrangements and contact with third parties.
A written policy helps, but prevention also needs to be reflected in everyday decisions and behaviour.
Read Acas guidance for employers.
For example, a manager who knows that a customer regularly makes sexual comments to staff should consider how to stop that behaviour and protect workers. Expecting staff to tolerate it leaves the risk unaddressed.
How can employers prevent harassment and protect their organisation?
1 Assess where the risks arise
Consider lone working, differences in power or seniority, customer contact, business travel and events involving alcohol. Include messaging and online spaces used for work. Ask staff where they feel exposed and use their feedback to guide action.
2 Make expectations clear
Explain unacceptable behaviour, how concerns can be raised and what happens next. Give people an alternative reporting route if their concern involves their manager. Make sure staff can find and understand the procedure. These measures should form part of an ongoing prevention programme.
3 Provide training that people can apply
Staff need to recognise harassment and understand how to report it. Managers need additional skills to receive concerns sensitively, respond appropriately and support those involved.
Training should use relevant examples, be refreshed and be checked for understanding. Keep records, but also look for evidence that people apply what they have learned.
4 Act on complaints promptly and fairly
Take concerns seriously, keep an open mind and investigate without unnecessary delay. Hear the evidence from those involved and provide appropriate support.
A complaint should not be dismissed because there were no witnesses or because the person accused is senior, influential or well liked.
Read Acas guidance on handling complaints.
5 Review whether your approach works
Keep appropriate, secure records of risks, actions and outcomes. Look for patterns and seek staff feedback. Few complaints may indicate that people feel safe, or that they lack confidence in reporting. Review your measures regularly and change them where they are ineffective.
Read EHRC guidance on monitoring and review.
What happens if an employer fails to act?
The Equality and Human Rights Commission can take enforcement action over a breach of the preventative duty.
Where a worker wins a sexual harassment claim and receives compensation, a tribunal can increase that compensation by up to 25 per cent if the employer breached the duty.
The increase is not automatic.
Read EHRC guidance on enforcement and compensation.
Building a workplace where dignity matters
My view is that prevention needs to be part of how an organisation operates. People should understand the standards expected of them, know where to seek help and trust that concerns will receive a fair response.
Training can support that work when it sits alongside effective policies, leadership and accountability.
We currently have a live offer on GBCC covering training. If you are reviewing your organisation’s approach to prevention, this is an opportunity to explore support for your team.