Safe Spaces, Serious Duties: Upcoming Changes for Employers Tackling Workplace Harassment

At the end of last month the Equality and Human Rights Commission (the “EHRC”) published new research, examining how employers can identify and effectively tackle workplace harassment. 

This is an area for employers to give serious consideration due to several incoming legislative changes discussed below. The EHRC’s research therefore provides timely, practical directions on what steps to avoid workplace harassment may look like in practice, whilst we wait for the government to issue its guidance.

What is harassment?

Harassment is unwanted conduct related to a protected characteristic which has the purpose or effect of violating someone's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. It can occur in various forms. Sexual harassment is unwanted behaviour of a sexual nature.

What is changing?

Since October 2024, employers have a legal duty to take reasonable steps to prevent sexual harassment of their workers. This requires employers to take proactive steps, rather than reacting after the fact.

Earlier this year (from 6 April), sexual harassment has become a 'qualifying disclosure' under whistleblowing law. Whistleblowers making a sexual harassment disclosure, therefore, have protection from detriment from day one of their employment.

From October 2026, employers will have a duty to take reasonable steps to prevent all types of workplace harassment, including from third parties (e.g. customers, clients or third-party contractors) and to take “all reasonable steps” to prevent sexual harassment. The current law requires “reasonable steps." According to the government, we will have to wait until 2027 to find out what difference the addition of “all” brings, but it appears in practical terms to amount to much the same thing as taking reasonable steps.

From 2027, subject to government consultation, provisions in non-disclosure agreements that prevent workers from making sexual harassment-related allegations or disclosures will be void, modifying a common part of the apparatus of settlement agreements between employers and employees. 

What causes the harassment problem?

The EHRC report identifies workplaces as a common setting for harassment. Businesses with hierarchical structures, low wages, male-dominated workforces and insecure job contracts are the most at risk. Sexual harassment also disproportionately affects women, those reporting a disability, young people and ethnic minorities.

The report notes that when harassers face no consequences, the behaviour can become tolerated, normalised or even implicitly supported. This creates systematic cultural problems, which are harder to change.

Furthermore, it is important for employers to recognise that low harassment reporting rates may not actually indicate an absence of harassment. The report observes that reporting reduces in workplaces where employees fear retaliation from co-workers, their employer or HR. Incidents of harassment therefore often initially increase in response to employer efforts to address the problem as individuals feel more comfortable to come forward. 

What actions should employers take?

Drawing from the EHRC report and our own expertise, we recommend that employers should consider the following measures:

1. Take action now. Employers should begin preparing now for the  "all reasonable steps" threshold and the increased liability to third-party contractors.
2. Conduct regular risk assessments. Employers must assess the specific risks of harassment occurring within their workplace, considering factors such as the sector, type of work, power imbalances, client-facing roles, remote working, and work-related social events where alcohol is consumed.  These assessments should be refreshed to address the upcoming "all reasonable steps" standard and liability for third-party harassment. 
3. Provide regular, role-appropriate training. Training should be delivered at all levels of the organisation and tailored to the employee’s role. Focus should be given to training leaders, middle management and supervisors to spot issues early and respond promptly, sensitively, and confidentially. These figures play a leading role in influencing change and preventing harassment within the organisation.
4. Engage staff and monitor workplace culture. Employers should conduct regular one-to-ones, staff surveys, and exit interviews to understand where potential issues lie and whether existing measures are effective.
5. Establish confidential reporting channels. Workers must have accessible means to report sexual harassment, including confidential options. The report recommends employees should be given two ways to report harassment, including one internal and one external reporting route, to give employees greater control over how they report an issue.
6. Ensure effective investigation processes. Complaints should be handled promptly, impartially, and seriously, with protective measures for complainants and witnesses such as moving the alleged harasser to another team.
7. Widen policies and practices to include third parties. Employers should map out where workers interact with third parties and put measures in place. For example, warning customers about behaviour, banning repeat offenders, and sharing policies with independent contractors.
8. Document actions taken. Employers must be able to evidence their policies, training, risk assessments, reporting mechanisms, and investigation processes to demonstrate compliance. Policies and systems should be reviewed at the same time to ensure consistency.