Preventing sexual harassment in the workplace has been a legal and cultural priority for employers since the Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force in October 2024. Many organisations have already reviewed their policies, trained managers and strengthened reporting routes. However, further reforms expected from 30 October 2026 will raise the bar again, particularly around the steps employers must take and their responsibility for harassment by third parties.
There has also been an important change since April 2026: workers who report sexual harassment may now have clearer whistleblowing protection, provided the usual legal tests are met. For charities, social enterprises and other values-led employers, this means sexual harassment prevention should be treated as an ongoing governance, culture and risk-management issue, not a one-off compliance exercise.
This guide explains the current duty to prevent sexual harassment, what is changing in October 2026, and the practical steps employers can take now.
Why Sexual Harassment Remains a Workplace Risk Across All Sectors
Sexual harassment is not limited to particular workplaces, roles or sectors. It can arise in offices, remote working environments, public-facing services, fundraising events, home visits, residential settings, conferences, social events and online communications. For charities and social enterprises, the risk profile can be particularly broad because employees may work closely with service users, beneficiaries, volunteers, contractors, partners, trustees, donors and members of the public. In a 2025 survey of women working in the UK charity and not-for-profit sector, 22% reported having been sexually assaulted at work and 77% said they had not reported the incidents they experienced or witnessed.
The introduction of the preventative duty in 2024 was an important step, but it did not remove the need for ongoing vigilance. Employers still need to understand where risk may arise in practice, especially in settings involving lone working, power imbalances, informal cultures, external stakeholders or situations where staff may feel uncomfortable challenging behaviour from a donor, service user or senior contact.
Who Is Responsible for Preventing Sexual Harassment in the Workplace?
The employer is responsible for preventing sexual harassment in the workplace. Senior leaders and trustees need to set expectations, allocate resources and monitor risk. Line managers need to model appropriate behaviour, respond promptly to concerns and understand how to escalate issues. HR should provide the policy framework, training, advice, record-keeping and assurance that the organisation is taking reasonable and proportionate action.
What Is the Current Legal Duty on Employers?
The Worker Protection (Amendment of Equality Act 2010) Act 2023 has been in force since 26 October 2024. It introduced a proactive duty on employers to take reasonable steps to prevent sexual harassment of their workers.
This duty is anticipatory. Employers should not wait until a complaint is made before acting. They are expected to consider where sexual harassment could happen, assess the risks, take preventative action and keep those measures under review.
If an employment tribunal finds that sexual harassment has occurred and the employer failed to comply with the preventative duty, compensation can be increased by up to 25%. The Equality and Human Rights Commission also has enforcement powers and can take action where there is evidence that an employer is not taking reasonable steps, even if no individual tribunal claim has yet been brought.
What Does ‘Reasonable Steps’ Look Like in Practice?
There is no single checklist that will be sufficient for every employer. Reasonable steps will depend on the nature and size of the organisation, the work being carried out, who employees interact with, and the risks that are reasonably foreseeable. The Equality and Human Rights Commission (EHRC) has produced guidance for employers on this matter, along with 8 practical steps to help employers take positive action to prevent and deal with sexual harassment at work.
The following actions are a strong starting point for any employer reviewing their approach.
Create a Clear and Visible Anti-Harassment Policy
Having a comprehensive anti-harassment policy is crucial. A preventing sexual harassment in the workplace policy should:
- Define what constitutes sexual harassment, providing clear examples
- Outline the steps employees should take to report incidents of harassment
- Explain the process for handling complaints, including confidentiality measures
- State the consequences for those found to have engaged in harassment
Undertaking risk assessments will help you identify and consider factors that might increase the likelihood of sexual harassment and determine appropriate steps that can be taken to minimise them. This will also help ensure you create a robust policy, tailored to your organisation.
Make sure that this policy is not only written but also regularly communicated to staff, included in onboarding materials and easy to find. It should be revisited periodically to reflect changes in legislation, guidance and organisational risk.
Understand the Legal Landscape
The Worker Protection Act 2023 strengthens existing requirements under the Equality Act 2010, introducing a specific duty on employers to take proactive steps to prevent sexual harassment. Notably, the act reintroduces employer liability for third-party harassment, meaning businesses must safeguard employees from inappropriate conduct by external individuals, such as customers, contractors, and suppliers.
Failing to act on harassment can lead to legal consequences, especially if an employer is found to have been negligent. Knowing the law is the first step to ensuring compliance and fostering a respectful environment.
Create a Clear and Visible Anti-Harassment Policy
Having a comprehensive anti-harassment policy is crucial. This policy should:
- Define what constitutes sexual harassment, providing clear examples.
- Outline the steps employees should take to report incidents of harassment.
- Explain the process for handling complaints, including confidentiality measures.
- State the consequences for those found to have engaged in harassment.
Make sure that this policy is not only written but also regularly communicated to staff, prominently displayed in shared spaces, and included in onboarding materials. It should be revisited periodically to reflect the latest legal updates.
Train All Employees on Harassment Prevention
Training is a critical tool for preventing harassment. A one-off session is unlikely to be enough. Consistent, interactive preventing sexual harassment in the workplace training helps employees understand what sexual harassment can look like, how to challenge inappropriate behaviour and what to do if they experience or witness a concern.
Your training programme should cover:
- What constitutes sexual harassment in the workplace
- How to identify and challenge inappropriate behaviour
- How to report incidents or support colleagues who may be affected
- The organisation’s legal obligations, liabilities and protections under the Worker Protection Act and related employment law
- Any specific risks arising from third-party contact, lone working, events, online communications and informal work settings
Training should be tailored to different levels of staff, including specific sessions for managers so that they know how to respond appropriately, maintain confidentiality where possible and avoid victimisation or retaliation.
Foster a Culture of Respect and Inclusivity
Building a workplace culture where harassment is openly condemned is essential. Leaders and managers must set the tone by modelling respectful behaviour and addressing concerns swiftly. A zero-tolerance approach should be embedded in the organisation’s values, and employees must feel confident that their concerns will be taken seriously without fear of retaliation.
Encourage open dialogue about respect and boundaries, and promote initiatives that foster diversity, equity and inclusion. Roots HR can help you foster inclusivity and equity in the workplace.
Implement Reporting Mechanisms and Protect Confidentiality
Employees need safe, accessible ways to report harassment. This can be achieved through:
- Clear routes for raising concerns informally where appropriate
- A grievance process
- Anonymous reporting channels, where the organisation can support them
- Trained managers with the skills to handle sensitive issues
- Clear instructions on where and how to report incidents
Ensuring confidentiality where possible is a priority, as many people fear repercussions for coming forward. Employers should be clear that confidentiality cannot always be absolute, especially where action is needed to protect staff or investigate concerns, but information should only be shared on a need-to-know basis.
Providing support mechanisms such as employee assistance, counselling, safeguarding support or mediation, where appropriate, can also encourage employees to raise concerns.
Investigate Complaints Swiftly and Thoroughly
When a complaint is made, employers must respond promptly and impartially. Investigations should be:
- Conducted by a neutral person wherever possible
- Based on clear procedures to ensure fairness
- Completed as swiftly as possible while maintaining appropriate thoroughness
- Supported by proper evidence handling, clear records and appropriate data protection safeguards
After the investigation, appropriate action should be taken based on the findings, and support should be offered to those affected. Employers should also think about how people impacted by the complaint will work together afterwards, including whether any adjustments, boundaries or facilitated conversations are needed.
Employers should remember that a finding that there is insufficient evidence to uphold a complaint is not the same as a finding that the incident did not happen. These situations need to be managed carefully and sensitively, without treating either the complainant or the person complained about unfairly.
Monitor and Review Your Approach Regularly
Prevention efforts are not a set-it-and-forget-it task. Continually monitor the effectiveness of your policies and practices by:
- Conducting regular employee surveys or pulse checks to assess workplace climate
- Undertake exit interviews when staff leave your employment
- Reviewing harassment reports to identify patterns, repeat locations or emerging risks
- Checking whether staff know how to report concerns
- Updating policies and training in response to changes in legislation or workplace dynamics
- Reviewing risks after incidents, events, restructuring, service changes or the introduction of new partnerships
By actively engaging in continuous improvement and engaging employees, employers can better protect their workforce and demonstrate that they are taking prevention seriously.
What’s Changing in October 2026?
A major change comes through the implementation of the Employment Rights Act (ERA) 2025 reforms, with strengthened harassment protections expected to take effect on 30 October 2026. Employers should use the period before implementation to stress test their current arrangements.
From ‘Reasonable Steps’ to ‘All Reasonable Steps’
From 30 October 2026, employers will be expected to take all reasonable steps to prevent sexual harassment of employees. This is a materially higher bar than the current duty to take reasonable steps.
In practice, this means employers may find it harder to argue that they did enough if there were additional preventative measures that could reasonably have been taken. Policies and training will remain important, but they need to be supported by risk assessments, leadership accountability, reporting mechanisms, monitoring and evidence that the organisation has acted on known issues.
New Liability for Third-Party Harassment
From 30 October 2026, employers become liable for third party harassment, in all forms, not only sexual harassment, including one off incidents, unless they have taken all reasonable steps to prevent it.
For charities and social enterprises, relevant third parties may include service users, beneficiaries, volunteers from partner organisations, donors, contractors, consultants, trustees from linked organisations, event attendees and members of the public. A single incident may be enough to create liability if the employer failed to take all reasonable steps to prevent it.
Wider Protection for Those Who Raise Concerns
Since 6 April 2026, reports of sexual harassment may fall more clearly within whistleblowing protection, provided the usual legal tests are met. This increases the need for safe speak-up routes, careful triage and manager training on how to respond without causing detriment or retaliation.
From 1 October 2026, time limits for bringing most employment tribunal claims will increase from three months to six months. This will increase the period during which employers may face litigation risk and makes clear record-keeping even more important.
Further restrictions on the use of non-disclosure agreements in discrimination and harassment cases are also expected during 2027, so employers should keep their approach under review.
What This Means for Charities and Social Enterprises
Charities and social enterprises often face distinctive risk factors. Staff may work with vulnerable beneficiaries, provide services in the community, visit people at home, attend fundraising or partnership events, manage volunteers, support peer-led services or work with individuals whose behaviour can be challenging. These contexts do not reduce the employer’s responsibility. They make risk assessment and practical controls more important.
Smaller organisations may not have a dedicated HR or legal function, but there are practical, low-cost steps they can take now:
- Assess harassment risks across your organisation, including in service delivery, volunteering, fundraising and events
- Add harassment expectations to volunteer codes of conduct and partnership agreements
- Make sure staff know how to report concerns involving service users or members of the public
- Link harassment reporting routes with safeguarding, whistleblowing and grievance processes
- Brief managers and trustees on the October 2026 changes
- Keep clear records of risk assessments, training, reports and follow-up action
If you need support reviewing your policies, reporting routes or manager training, Roots HR can help through our HR Advice and Support service.
Preventing Sexual Harassment in the Workplace: Key Takeaways
- The preventative duty is already in force. Since 26 October 2024, employers have had to take reasonable steps to prevent sexual harassment of their workers.
- The duty is proactive. Employers should anticipate risk, take preventative action and review effectiveness, rather than only responding after a complaint.
- October 2026 raises the bar. From 30 October 2026, employers will be expected to take all reasonable steps to prevent sexual harassment.
- Third-party harassment risk is increasing. Employers will face specific liability for harassment by non-employees unless they have taken all reasonable steps to prevent it.
- Reporting protections have strengthened. Since April 2026, reports of sexual harassment may be protected under whistleblowing law, provided the usual tests are met.
- Evidence matters. Employers should keep records of risk assessments, training, communications, reports, investigations and follow-up action.
Conclusion
Preventing sexual harassment in the workplace is an evolving duty, not a one-off compliance task. The 2024 preventative duty has already changed what employers are expected to do, and the October 2026 reforms will place even greater emphasis on proactive, documented and organisation-wide prevention.
Employers that act now will be in a stronger position to protect their people, demonstrate compliance and respond confidently if concerns are raised. For charities and social enterprises, this means reviewing not only internal workplace culture, but also the risks created by service delivery, volunteer involvement, public-facing work and external relationships.
Are your workplace policies ready for the new legal landscape? Ensure your organisation is compliant and your employees protected. Speak to Roots HR about HR Advice and Support for charities.
Frequently Asked Questions
What does ‘all reasonable steps’ mean for sexual harassment prevention?
‘All reasonable steps’ means employers will need to show they considered and implemented every preventative measure that was reasonable in their circumstances. This may include policies, training, risk assessments, reporting routes, manager capability, leadership oversight, monitoring and action in response to known risks. The EHRC 8 steps provides a helpful framework for employers to follow.
What counts as third-party harassment at work?
Third-party harassment is harassment by someone who is not the employer or one of its employees. This could include customers, clients, service users, beneficiaries, contractors, suppliers, volunteers from partner organisations, donors, event attendees or members of the public.
Does the duty to prevent sexual harassment apply to charities and small employers?
Yes. The duty applies regardless of size or sector. Steps taken by smaller employers may be proportionate steps, but they are not exempt from taking reasonable action to prevent sexual harassment.
What happens if an employer does not take reasonable steps?
If sexual harassment occurs and an employment tribunal finds that the employer failed to comply with the preventative duty, compensation can be increased by up to 25%. The EHRC can also take enforcement action where an employer is not taking reasonable steps to prevent sexual harassment.
