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Disclaimer: None of the content in this article constitutes legal advice, nor does it contain every detail or requirement of the applicable laws. It is provided solely for informational purposes and is not intended to be relied upon as a standalone resource. If you have questions about these laws or their implications for your organisation, please consult your legal counsel.
The UK’s Employment Rights Act 2025 (the “Employment Rights Act” or the “Act”) received Royal Assent on 18 December 2025, and the government has described it as “the biggest upgrade to rights at work for a generation.” The Act reshapes a wide range of employment protections, from unfair dismissal to zero-hours contracts. From an equality perspective, one set of changes deserves immediate attention: the strengthened duty to prevent sexual harassment.
If you have been following UK sexual harassment law since the Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced a preventive duty in October 2024, that is the right starting point. Since 26 October 2024, employers have already been under a proactive duty to take reasonable steps to prevent sexual harassment of employees in the course of their employment. That duty requires employers to think ahead, assess where risks may arise, and take preventative action rather than waiting for an incident or complaint before responding.
The Employment Rights Act raises the bar further, with key provisions expected to take effect from April 2026 and October 2026. This guide explains what is changing, when it takes effect, and what employers should be doing now.
What's changing?
The Employment Rights Act makes five major changes relevant to workplace sexual harassment and related reporting.
1. “Reasonable steps” becomes “all reasonable steps” (expected October 2026)
Section 20 of the Act amends section 40A(1) of the Equality Act 2010 by inserting a single word: “all.” Under the current implementation timeline, from October 2026 employers will be required to take “all reasonable steps” to prevent sexual harassment of their employees in the course of their employment. For the purposes of this duty, “sexual harassment” has the meaning given in the Equality Act 2010: unwanted conduct of a sexual nature that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. The strengthened duty continues to apply specifically to sexual harassment.
The change from “reasonable steps” to “all reasonable steps” matters. The government explains that the amendment removes an inconsistency in the Equality Act, where the existing vicarious liability defence that applies to discrimination and harassment more generally (section 109(4)) already required “all reasonable steps,” while the preventive duty in relation to sexual harassment only required “reasonable steps.” But the more important point is that the government is clearly signalling a stronger and more thorough approach to preventing sexual harassment in the workplace.
In practical terms, “all reasonable steps” is a high bar. An employer will need to show there were no further steps it could reasonably have been expected to take, taking into account the employer’s size and resources, the working environment, and the industry in which it operates. Tribunals have historically been reluctant to accept that employers have met this standard, so the gap between “we did some things” and “we did everything reasonable” is likely to matter much more.
The standard is not every conceivable step, but it is materially more demanding than what many employers have been doing. A breach of this extended duty will still not give rise to a standalone employment tribunal claim. Instead, where a claimant succeeds in a sexual harassment claim, the tribunal may increase compensation by up to 25% if it finds the employer also breached the preventive duty. Separately, the EHRC will continue to have enforcement powers in relation to the duty.
2. Employers become liable for third-party harassment (scheduled for October 2026)
Section 21 of the Act reinstates employer liability for harassment by third parties, including customers, clients, contractors, patients, and members of the public. A “third party” means a person other than the employer or one of its employees.
This new third-party liability is broader than the current preventive duty under section 40A. It will apply to sexual harassment and harassment related to the Equality Act’s relevant protected characteristics, not just sexual harassment alone. It also goes further than the old third-party harassment regime that was repealed in 2013. Under that earlier regime, liability only arose after at least two prior incidents. That “three strikes” rule is gone. Under the new provision, liability can arise from the first instance of third-party harassment.
This change is especially significant for sectors such as hospitality, retail, healthcare, and other businesses where staff regularly interact with the public, but the duty applies across the economy.
If a client harasses one of your employees at a meeting, a vendor makes racist comments to one of your employees on site, or a customer directs abuse at your retail staff, your organisation could face liability if it has not taken all reasonable steps to prevent it.
The government has noted that the steps an employer can reasonably take in relation to third parties are “clearly more limited” than the steps it can take in relation to its own employees. That is an acknowledgement that reasonableness is contextual. But “we can’t control third parties” will not be a complete answer.
No specific third-party-harassment regulations have been announced. The current express regulation-making power is aimed at sexual-harassment prevention, and the related regulations are not expected before 2027. In practice, reasonable steps may include revising contractual wording with third-party suppliers, clearly signposting a zero-tolerance approach to harassment on the business’s website and in its premises, training staff and updating policies so workers are clear how, when, and to whom to report concerns, including through discreet reporting options where they feel vulnerable when dealing with third parties, and training managers on how to handle concerns or complaints about third-party harassment.
3. Sexual harassment disclosures become protected under whistleblowing law (6 April 2026)
Section 23 adds sexual harassment to the list of qualifying disclosures under section 43B of the Employment Rights Act 1996 for whistleblowing purposes. Workers who report that sexual harassment has occurred, is occurring, or is likely to occur will be expressly protected from detriment and unfair dismissal, if the disclosure qualifies under the whistleblowing regime.
That does not mean every report of sexual harassment will automatically amount to a protected disclosure. The usual statutory requirements still apply, including the public interest test and the rules about the disclosure being made to an appropriate person or body.
In one sense, this is a clarification of what was already possible, because employees could previously frame sexual harassment as a breach of legal obligation. But the express wording removes doubt. It also gives workers access to a more powerful interim remedy: if dismissed, a qualifying whistleblower may apply for interim relief, which can require continued employment or continued pay pending a full hearing.
This provision is expected to take effect on 6 April 2026, earlier than the other harassment-related reforms.
4. Regulations may specify what "reasonable steps" means in relation to the duty to prevent sexual harassment (enabling power from October 2026, regulations from 2027 at the earliest)
Section 22 grants the government a regulation-making power to specify steps that will be regarded as reasonable for the purpose of the extended duty to prevent sexual harassment. These may include carrying out assessments of a specified description, publishing plans or policies of a specified description, and taking steps relating to reporting and complaint handling.
The government has made clear that compliance with prescribed steps alone will not be enough. Employers will still need to take all other preventative steps that are reasonable in their particular circumstances. The enabling power is due to commence in October 2026, but the actual regulations are not expected until 2027 at the earliest.
That means there will be a period in which the strengthened “all reasonable steps” standard is in force before detailed regulations are available, so employers will need to make their own judgment about what the standard requires in practice.
5. NDA restrictions on harassment and discrimination confidentiality clauses (timing still to be confirmed)
The Employment Rights Act also contains restrictions on confidentiality clauses in agreements between employers and workers. In broad terms, clauses that seek to prevent a worker from making an allegation of, or disclosing information about, certain harassment or discrimination will be void once the measure is brought into force.
However, this reform is not yet in force, and key details remain subject to consultation and secondary legislation, including possible exceptions for certain types of agreement. Employers should therefore review settlement agreement and NDA templates now, but should not assume the final framework is settled.
The full timeline at a glance
| Date | What changes |
| 6 April 2026 | Sexual harassment disclosures become protected under whistleblowing law, provided the usual legal conditions for protected disclosures are met. |
| Expected October 2026 (under the current timetable) | Preventive duty in relation to sexual harassment strengthened to “all reasonable steps”; third-party harassment liability takes effect; enabling power for regulations commences. |
| 2027 (at the earliest) | Regulations specifying “reasonable steps” for sexual harassment prevention are expected to take effect |
| TBC | NDA restrictions on harassment/discrimination confidentiality clauses, subject to consultation and further legislation. |
Why this matters now
Even though the extension of the sexual harassment preventive duty is not expected to take effect until October 2026, employers who wait will be behind. The EHRC already has the power to investigate and enforce the existing duty, and ACAS received approximately 5,600 harassment-related calls in the first half of 2025, a 39% increase year on year.
The trajectory is clear: there are more reports of harassment, the EHRC has greater enforcement powers, and the employers' duties are about to become greater. Organisations that start building toward meeting the “all reasonable steps” standard now will be in a stronger position than those trying to catch up later.
How Ethena helps
At Ethena, we help employers stay current on major workplace compliance changes so they can focus on the rest of their responsibilities. As the legal standard rises, training is one of the most visible and practical steps employers can take to strengthen their prevention programme.
Our Harassment Prevention training is designed to help organisations meet the "all reasonable steps" standard:
- Interactive, scenario-based learning grounded in real workplace situations
- Third-party harassment scenarios for various roles
- Bystander intervention training to help workers speak up when they witness inappropriate behaviour
- Regularly refreshed content that reflects the latest UK guidance (no "stale" training)
- Completion tracking and records so you always have the documentation to demonstrate compliance
With a library of 200+ customisable courses and a 93% learner approval rating from over 5 million pieces of learner feedback, Ethena is designed to help organisations turn compliance requirements into training people actually learn from.
