Anti-harassment reforms: seven steps employers should take before October

This blog was co-authored with Elizabeth Buckley.

From 30 October 2026, anti-harassment legislation is being strengthened in two important ways. Firstly, in relation to the existing duty to prevent sexual harassment, employers will be required to put in place “all reasonable steps” to prevent the sexual harassment of workers – currently the duty is to take “reasonable steps”.

Secondly, an employer will be liable if a worker is harassed by a third party, in the course of employment and the employer has not taken all reasonable steps to prevent the harassment – the concept of third parties is widely drawn and will include customers, clients, suppliers, visitors to site and members of the public. Importantly, this harassment protection will extend to all protected characteristics and is not limited to sexual harassment.

You can read more about these changes in our update but with the legislative focus firmly on prevention, here are seven practical steps employers should consider ahead of the new rules coming into force.

1. Review your anti-harassment risk assessment

You may already have a risk assessment in place to comply with the duty to prevent sexual harassment. If so, it is sensible to revisit it to assess if you need to put in place any additional steps to satisfy the new “all” reasonable steps requirement. 

You will also want to conduct a risk assessment to address and identify the steps you need to put in place to prevent third party harassment. 

If you don’t have an existing risk assessment, now is the time to put one in place as this will be a critical resource for determining where the risks lie in your organisation and what your reasonable steps to address those risks might be. It will also help to demonstrate that you have complied with the duty - the ECHR guidance is clear that it will be difficult to show compliance without one. Please contact me or Elizabeth Buckley if you would like assistance with how to conduct a risk assessment. 

2. Establish or maintain a ‘speak up’ culture

A key part of preventing harassment is to make sure that workers feel empowered to speak up where they have concerns about harassment at work. A lack of complaints does not necessarily mean the workplace is free from harassment. Establish and maintain visible, accessible and trusted methods for reporting, and make sure that workers feel comfortable raising concerns.

Senior leadership should also be visible in leading from the top, making clear that harassment will not be tolerated.

Consider whether all workers, including remote, junior and temporary staff know how concerns can be raised, what will happen if they raise a concern and what support is available.

3. Stress-test your policies

Review relevant workplace policies to ensure that the upcoming changes in the law are reflected, and communicate these to staff. It’s a good opportunity to underline to staff the expected standards of behaviour and to make it clear what behaviour is viewed as unacceptable. Policies should be practical, easy to understand and supported by clear expectations for workers and managers.

Make sure policies are clear that behaviour that falls below expected standards will be treated as a disciplinary offence. 

4. Refresh manager training

Managers are often on the front line when concerns arise. Make sure they know how to spot potential issues, respond appropriately, escalate concerns and take protective action where needed.

Training should focus on practical scenarios, grey areas and real-world examples, not just the legal framework.

5. Focus on what the third-party change will mean on the ground for your organisation 

Review your policies and operational practices to identify risk and put in place steps in mitigation remembering that harassment can take place online as well as in person. How do suppliers, visitors, customers and clients interact with your workforce? How can you influence the behaviours and set standards for those who are not part of your organisation? And how do you mitigate risk if your workers are visiting or working at third-party sites? 

Check codes of conduct, visitor policies and reporting procedures as they may need updating.

Suppliers who are regularly on site represent a particular risk to address – you may want to review and update wording in supplier contracts and consider how you can work together to reduce potential risks and address any issues should they arise. Equally, if your organisation is a supplier, you should expect similar scrutiny from your clients/customers.

6. Show your workings

Your risk assessment should be recorded as should any subsequent reviews (which should be carried out on a regular basis). If you decide that a preventative step is not reasonable in relation to a particular risk, note down your reasons as to why not. Also be sure to document policy reviews, training, team/workforce communications and any other preventative measures you have implemented. Being able to evidence the steps you have (or have not) taken will help you keep track over time so you can add to them and/or amend them, and may be critical if a claim arises.

7. Monitor and adapt

Prevention is not a one-off exercise. Use complaints data, staff surveys, exit interviews and other feedback to assess whether your current approach is working and where further action may be needed.

If a complaint is made, make sure you learn from any failings identified and assess whether there are additional reasonable steps that could be implemented to stop the same issues arising again. 

Regular reviews of your risk assessment are essential to account for evolving working practices and to ensure your approach remains effective.

The key takeaway? Prepare now…

The new requirements are not yet in force, but the time to prepare is now. The organisations best placed to minimise risk will be those that embed harassment prevention into day-to-day working practices so use the time now to review your risks and address any gaps. Simply having a policy in place and offering some training will not be enough. The focus is on taking (and being able to demonstrate) proactive steps which prevent harassment and protect workers in your organisation.

Additional guidance on how to prepare is available in our update.

If we can help your organisation with preparing your risk assessment, with any of the other issues raised or with any other aspect of the new Employment Rights Act 2025, please contact me or get in touch with your usual Burges Salmon employment team contact. You can also visit our Employment Rights Act hub here.