14 Jul Sexual harassment prevention rules are changing in October
Support from an HR consultant in Wychavon to prepare your business for the new sexual harassment prevention duties arriving in October 2026.
I’ve been working with a number of business owners recently who assumed their harassment policy had them covered.
It doesn’t. Not anymore.
From October 2026, the legal standard for preventing sexual harassment at work is shifting significantly. And if you can’t prove you’ve done enough, the financial consequences could be serious.
Here’s what you need to know and what to do about it.
What I’m Seeing with Clients Right Now
Most of the businesses I speak to have a harassment policy somewhere. It might be in a handbook, or saved in a shared folder. But when I ask whether staff have actually read it, or whether managers know what to do if someone reports an incident, the answer is usually a long pause.
That gap between having a policy and actively using it is exactly where the risk sits. And from October, that gap could cost you real money.
How the Law Has Shifted Over Time
The Equality Act 2010 originally gave employers a reasonable defence as long as they could point to a policy. That was the position for years.
In 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 changed things. It placed a proactive duty on employers to take “reasonable steps” to prevent sexual harassment.
From October 2026, that bar goes up again. The new requirement is to demonstrate “all reasonable steps”. Two small words that make a big practical difference.
Why “All Reasonable Steps” Matters More Than You Might Think
The shift from “reasonable” to “all reasonable” means a tribunal will look at everything you could have done, not just what you did do. If there were steps available to you that you didn’t take, that’s a problem.
There’s another change worth paying attention to. The new rules also bring in liability for third-party harassment. If someone outside your organisation, like a customer, a client, or a contractor, harasses one of your employees, you could be held responsible if you haven’t taken steps to prevent it.
Consider any of your team who work in client-facing roles. Staff on client sites, people in hospitality or events, anyone dealing directly with the public. Those roles now carry genuine legal exposure for your business.
The Financial Risk if You Get Caught Short
Tribunals will be able to add a 25% uplift to compensation awards where an employer hasn’t met the preventative duty. That uplift sits on top of whatever the underlying award is.
So if a claim results in a substantial payout, that extra 25% adds up fast. It’s a direct financial penalty for not having done enough in advance.
What You Actually Need to Have in Place
There are several things you’ll need to be able to demonstrate if a claim is ever made against your business.
Your policy needs to be current, clearly written, and specifically cover third-party harassment. Staff need to have read it, and you need a record showing they’ve acknowledged it.
Your managers need proper training. They should know how to recognise harassment and understand the steps to take when something is reported to them. A manager who freezes or handles it informally could make things worse.
You need a reporting process that’s documented and that employees actually know about. If people don’t know how to raise a concern, the process isn’t working.
And you need a written risk assessment that looks at the specific risks in your business. Where do your staff interact with people outside your organisation? What situations could put them at risk? The assessment needs to lead to action. A document that sits in a drawer and changes nothing won’t protect you.
Questions to Ask Yourself Before October
Have a think about where your business stands on these points:
- Could you show a tribunal that your managers have been trained to handle harassment reports properly?
- Do your employees know exactly how to report an incident, and is that process written down?
- Have you carried out a risk assessment that covers roles where staff interact with customers, clients, or contractors?
- If someone asked you to pull together all your evidence of prevention activity tomorrow, could you do it?
If any of those feel uncertain, there’s work to do before October. HR consultancy services in Wychavon can help you get each of these areas properly sorted.
How I Can Help You Get Ready
I carry out sexual harassment prevention audits that look at where your business currently sits against the “all reasonable steps” standard. The audit covers your existing policy, your reporting process, and your risk exposure where staff deal with people outside your organisation.
I also deliver manager training so your team knows exactly what to do when something is reported. Getting the response right from the start makes a real difference to the outcome.
As an outsourced HR consultant in Wychavon, I work with businesses like yours to get these things in order before they become a problem.
If you’d like to talk through what this looks like for your business, get in touch. I’m happy to have a conversation and help you work out your next steps before October 2026.
