The UK's workplace harassment laws will evolve this autumn, with the Employment Rights Act bringing new changes coming into force from 30 October 2026. 

The next phase of legislative reform raises the bar from a compliance perspective and will require employers to revisit whether their current approach to harassment in the workplace is sufficient.

The introduction of an obligation on employers not to permit the harassment of their employees by third parties will increase an employer's vulnerability to legal risk, necessitating the requirement of companies to be fully aware of their regulatory requirements.

For starters, employers are now obligated to take 'all reasonable steps' to prevent harassment, rather than the previous phrasing of 'take reasonable steps'. The precise definition of these obligations is yet to be defined but the government is expected to publish regulations setting out what will constitute “all reasonable steps” from 2027 onwards.

Another significant change is the proposed expansion of an employer's obligation to not permit harassment of their employees by third parties - a 'third party' in this instance referring to clients, customers, suppliers and consultants. The protected characteristics included within this definition of harassment are:

• Age
• Disability
• Gender reassignment
• Race
• Religion or belief
• Sex
• Sexual orientation

Practical steps for employers

Employers are being encouraged to ensure policy wording and risk assessments are bespoke and address the risks that could arise in the particular organisation, rather than relying on generic wording.

There is also an emphasis on organisations to analyse higher-risk scenarios and ask questions about the specific harassment risks within their business.

A review of training provisions is also encouraged in order to ensure staff understand both the current legal framework but also the expected changes, including escalation thresholds and key risks. 

Many organisations currently address sexual harassment within a broader harassment policy but given the increased risk arising from this area, employers might want to consider introducing a standalone sexual harassment policy, adding bespoke provisions where necessary.

Looking forward

The general direction of where the new legislation is headed sets out a clear mandate for employers to review their existing policies and take a proactive approach to prevent harassment. Whilst there remains a lack of absolute clarity as to what falls under the 'all reasonable steps' framework, organisations can begin by putting in place well considered risk assessments and bespoke policy wording that is relevant to the employer in case.