Harassment Law Changes 30 October 2026: What Employers Need to Know.

On 30 October 2026, significant changes to workplace harassment law came into force across England, Scotland and Wales. Employers must now take all reasonable steps to prevent sexual harassment in the workplace. Employers may also be liable where employees are harassed by customers, clients, contractors or other third parties in the course of their work, unless they can demonstrate that they took all reasonable steps to prevent the harassment. The protection applies to sexual harassment and harassment related to most protected characteristics under the Equality Act 2010.

What harassment laws have changed?

Two significant workplace harassment changes came into effect on 30 October 2026:

• The first change strengthens the duty to prevent sexual harassment by raising the legal standard from taking reasonable steps to taking all reasonable steps.
• The second extends protection against harassment by third parties. Importantly, this protection is not limited to sexual harassment. It can apply where conduct relates to a protected characteristic under the Equality Act 2010, including race, disability, religion or belief, sex and sexual orientation.

Together, these changes place greater emphasis on prevention and require employers to think more carefully about where harassment risks arise within their organisation.

What do these changes mean for employers?

Many organisations already have anti-harassment policies, staff training and reporting procedures in place. However, the reforms raise an uncomfortable question for employers: if a harassment complaint was made tomorrow, could the business demonstrate that it had taken all reasonable steps to prevent it?

Historically, many employers have focused on how complaints are handled once an issue arises. Under the new framework, there is likely to be greater scrutiny of what happened beforehand. This includes whether risks were identified, whether managers and staff received appropriate training, and whether lessons were learned from previous incidents.

For some businesses, this may require a change in approach. A policy drafted several years ago and training delivered during induction may still be useful, but employers should not assume those measures alone will be enough. Increasingly, the focus is on whether practical steps were taken to identify risks and reduce them before an incident occurred.

Evidence will play an important role. Risk assessments, policy reviews, training records, complaint logs and investigation notes may all help demonstrate the steps taken to prevent harassment and support staff if concerns are raised.

Third-Party Harassment: What employers are now responsible for

Most employers already understand that they can face liability for the behaviour of their staff.

What many businesses have not fully considered is the risk posed by people who do not work for them.

For organisations operating in customer-facing environments, this can create a significant challenge.

These third parties may include:

• Customers
• Clients
• Contractors
• Suppliers
• Service users
• Event attendees
• Patients
• Members of the public

The reality is that employers will sometimes be required to address the behaviour of individuals who generate revenue, maintain commercial relationships or regularly interact with staff.

That may mean having uncomfortable conversations with customers, refusing service in certain situations or taking steps that would previously have been considered commercially inconvenient.

What should Employers be doing now?

There is no single checklist that guarantees compliance.

What constitutes “all reasonable steps” will depend on the size of your organisation, the nature of the work being carried out and the risks your employees face. A small professional services firm is unlikely to face the same challenges as a hospitality business, retailer or healthcare provider.

However, the updated guidance from the Equality and Human Rights Commission gives employers a useful framework for assessing whether their current arrangements are likely to be sufficient. The guidance focuses on eight key areas: developing an effective anti-harassment policy, engaging staff, carrying out risk assessments, reporting procedures, training, responding appropriately to complaints, dealing with third-party risks and monitoring whether preventative measures remain effective.

Review Workplace Risks

Different workplaces face different risks.

An office-based professional services firm may face very different challenges to a retail business, care provider or hospitality venue.

Employers should identify where harassment is most likely to occur and consider whether existing safeguards are appropriate.

Examples may include:

• Customer-facing roles
• Events and networking functions
• Situations involving alcohol
• Lone working
• Travel and overnight stays
• Previous complaints or incidents
• Online communication channels

The purpose of a risk assessment is not simply to satisfy a regulatory requirement. It is to identify potential problems before they develop into claims.

Review Existing Policies

Many workplace policies were drafted to deal primarily with conduct between employees.

Employers should review whether their policies properly address harassment by third parties and whether employees understand how concerns should be reported.

Policies should also make it clear how managers are expected to respond when incidents occur.

Make Training Practical

Training is likely to remain an important part of compliance, but generic presentations delivered every few years are unlikely to satisfy the spirit of the new rules.

Employees should understand:

• What harassment looks like in practice
• How incidents should be reported
• How managers should respond
• What support is available
• What action may be taken against third parties

The more relevant the training is to the realities of the workplace, the more valuable it becomes.

Keep Records

If an issue eventually reaches an Employment Tribunal, evidence will matter.

Employers should retain records of:

• Complaints received
• Investigations completed
• Risk assessments
• Training delivered
• Policy reviews
• Steps taken following incidents

The difficulty with preventative measures is that they are often invisible when everything is working properly. Good record-keeping helps demonstrate the steps that were taken behind the scenes.

Consider Customer and Client Relationships

Many employers will need to look beyond internal procedures.

Terms and conditions, customer agreements, supplier arrangements and public-facing communications may all form part of an effective strategy.

In some industries, clear statements explaining that abusive or discriminatory behaviour towards staff will not be tolerated may provide an additional layer of protection.

How Britton & Time Can Help

Understanding that the law has changed is only the first step. Many employers are now trying to determine whether their current policies, training and procedures would withstand scrutiny if challenged.

Our employment law team can assist with policy reviews, workplace investigations, risk assessments, management training and wider compliance advice, helping employers build practical systems that reduce legal risk and protect their workforce.

If you would like advice on how the new workplace harassment obligations affect your organisation, contact our employment solicitors to discuss your circumstances.

Call us on 0203 007 5500 or contact our employment team to discuss your business’s circumstances.