Workplace Harassment Law Changes 30 October 2026: What Employers Need to Do

Another important employment-law change is approaching.

From 30 October 2026, employers will be required to take all reasonable steps to prevent sexual harassment of employees.

This strengthens the preventative duty introduced in October 2024, when employers became responsible for taking reasonable steps to prevent sexual harassment.

The law is also changing in relation to harassment by third parties, including customers, clients, patients and service users.

For employers, this needs to be viewed as a practical risk-management issue — not simply a policy update.

What does all reasonable steps mean?

There is no single checklist that will be identical for every employer. What is reasonable will depend on factors including the size of the organisation, the sector and the nature of the work.

Employers need to think proactively about prevention across the organisation rather than waiting for an incident to occur.

Start with a proper risk assessment

Consider where sexual harassment could realistically occur: offices, remote working, social events, conferences, business travel, client sites, customer-facing environments, messaging platforms, one-to-one working, late shifts, situations involving alcohol and power imbalances.

The purpose is not to assume something will go wrong. It is to identify foreseeable risks and decide what can reasonably be done to reduce them.

Think beyond your own employees

The third-party element is particularly important for organisations whose employees regularly interact with people outside the business.

That could include customers, clients, patients, residents, students, contractors, suppliers and members of the public.

The fact that the person responsible for harassment is not your employee does not mean the organisation should ignore the risk.

Review the policy — but do not stop there

Employers should review their bullying, harassment and sexual-harassment policies.

Check whether the policy explains what sexual harassment is, how concerns should be reported, who employees can speak to, what happens when the complaint involves their manager, how confidentiality will be handled, how complaints will be investigated, what protection exists against victimisation and how third-party harassment will be handled.

But the existence of a policy is only part of the picture. Managers and employees need to understand it.

Train managers properly

Managers are often the first people to receive a complaint. Their response matters enormously.

Practical training should help managers recognise when something may amount to harassment and understand what action they are expected to take.

Make reporting safe

Employees need confidence that raising a concern will not damage their career or working relationships.

Think about whether there is more than one reporting route, particularly where the immediate manager may be involved.

Investigate concerns properly

Where a complaint is raised, the organisation should respond promptly and fairly.

That normally means establishing what is alleged, when it happened, who was involved, whether there were witnesses, what evidence exists, what each person says occurred and whether similar concerns have been raised previously.

The purpose of an investigation is to establish facts — not to prove a predetermined conclusion.

Consider your customers and clients

Employers in hospitality, healthcare, retail, care, education, professional services and other customer-facing sectors should pay particular attention to third-party risk.

Commercial relationships should not override employee protection.

Keep evidence of what you have done

If an organisation later needs to demonstrate the preventative action it took, it should be able to identify the steps clearly.

That may include risk assessments, updated policies, training records, management guidance, reporting arrangements, communications to staff, actions taken following concerns, reviews of previous incidents and controls relating to third parties.

Do not wait for 30 October

The legislation takes effect on 30 October 2026.

Employers therefore have a short window to review what they currently have in place.

A useful question for leadership teams is: If an employee raised a harassment complaint tomorrow, could we demonstrate that we had actively tried to prevent it?

If the answer is uncertain, now is the time to review the arrangements.

How The HFactor can help

The HFactor can support employers with policy review, workplace risk assessments, harassment and dignity-at-work procedures, management training, employee awareness, investigation processes, employee relations advice, third-party harassment risks, HR audits and compliance.

Not sure whether your business is ready for 30 October? Start with a free initial consultation at https://www.the-hfactor.com/