New Protections Against Sexual Harassment
A Proactive Duty to Prevent Harassment
The Employment Rights Act 2025 strengthens protections against sexual harassment in the workplace. From October 2026, employers will be under a new, more stringent proactive duty to take all reasonable steps to prevent the sexual harassment of their employees.
This raises the bar from the previous legislation, which only required employers to take "reasonable steps".
Is Your Business Ready for the Biggest Shift in Employment Law?
What's New? Key Changes to Sexual Harassment Protections
Enhanced Proactive Duty: From October 2026, employers must take all reasonable steps to prevent sexual harassment, elevating the standard from previous "reasonable steps" requirements.
Third-Party Harassment Liability: Employers will become liable for harassment committed by third parties (e.g., clients, customers) against their employees, effective October 2026. This requires extending preventative measures beyond internal staff.
Whistleblowing Protections: As of April 2026, any disclosure related to sexual harassment automatically qualifies as a "protected disclosure," affording full whistleblowing legal protection to the reporting employee.
How to Prepare: Actions for Employers
To ensure compliance and a safe working environment under the new sexual harassment provisions of the Employment Rights Act 2025, employers should consider the following actions:
Update Policies & Procedures: Revise anti-harassment, bullying, and whistleblowing policies to explicitly reflect the "all reasonable steps" duty, third-party liability, and protected disclosure status.
Comprehensive Training: Deliver thorough training to all employees, especially managers, on recognizing and preventing sexual harassment, including awareness of third-party risks and the new legal responsibilities.
Conduct Risk Assessments: Identify and assess potential risks of sexual harassment, including those involving third parties, and implement robust control measures to mitigate them.
Strengthen Reporting Mechanisms: Ensure clear, accessible, and confidential channels for reporting sexual harassment and protected disclosures, assuring employees of no detriment for coming forward.
Review Contracts and Agreements: Examine contracts with third parties to include clauses that promote respectful conduct and outline consequences for harassment.
Promote a Culture of Respect: Foster an organizational culture that actively discourages harassment, values diversity, and promotes respect and dignity for all individuals.
Employer Liability for Third-Party Harassment
A significant change is that employers will now be made liable for harassment of their employees by third parties, such as clients, customers, or suppliers. Previously, an employer was not typically liable for the actions of those outside the organisation. This change, expected in October 2026, means employers must extend their preventative measures to cover interactions with the public and other external parties.
Whistleblowing Protections
From April 2026, any disclosure of information relating to sexual harassment will automatically be treated as a "protected disclosure". This gives employees who report sexual harassment the full protection of whistleblowing law, shielding them from any detriment or dismissal as a result of making the disclosure.
Employment Rights Act 2025 Download a summary
After more than a year of debate, the Employment Rights Bill became law on 18 December 2025 as the Employment Rights Act 2025. This is the biggest shake-up of employment law in a generation, with over 28 changes rolling out between December 2025 and into 2027. While this phased approach to the reforms gives employers time to prepare, now is the moment to get ahead. Explore what’s changing and what it means for your organisation, including key updates on sickness absence, paternity leave, parental leave, trade union access, and more.
Prepare for the Employment Rights Act 2025
The Employment Rights Act 2025 ushers in the most significant changes to UK employment law in a generation. Our CIPD HR-inform Pro product service is designed to be your essential guide, providing comprehensive resources, expert advice, and practical tools to ensure your business remains compliant and agile.
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