Sexual Harassment: Why a Policy on Paper Won't Be Enough in October 2026
From 30 October 2026, the standard employers must meet to prevent sexual harassment rises sharply — and for many businesses, the way they train their people will be the difference between defending a claim and losing one.
Since October 2024, the Worker Protection Act 2023 has required employers to take "reasonable steps" to prevent sexual harassment. The Employment Rights Act 2025, now on the statute book, tightens that duty. From 30 October 2026, employers must take "all reasonable steps" - a deliberately higher, more proactive bar borrowed from the long-standing defence under the Equality Act 2010. The word "all" matters. Tribunals will expect to see systematic, documented prevention, not a policy sitting unread in a handbook.
From the same date, employers also become liable where a third party - a customer, client, contractor, patient or member of the public - harasses their staff and reasonable steps weren't taken to prevent it. Any business whose people deal with the public needs to think well beyond its own payroll.
Two related changes sharpen the exposure. Since 6 April 2026, a report of sexual harassment automatically counts as a protected disclosure, so an employee who raises a concern is shielded from detriment and dismissal. And from 1 October 2026, the time limit for most tribunal claims doubles from three to six months — giving employees longer to bring a claim.
Why training is now central
This is where training earns its place. A policy tells a tribunal what you intended; training and records show what you actually did.
Where an employer fails to take reasonable steps, a tribunal can increase a harassment award by up to 25% — and harassment awards are uncapped. The regulator, the EHRC, can act even before anyone has complained. In 2025, Lidl GB entered a binding agreement with the EHRC after a tribunal found that managers were unaware of the anti-harassment policy and no risk assessments had been carried out. That is precisely the gap the new duty targets: having the document is not the same as embedding it.
To demonstrate "all reasonable steps," employers should be able to evidence:
· Regular, role-appropriate training for all staff — with managers trained to recognise, prevent and respond to harassment, including third-party risk;
· A documented risk assessment covering public-facing and higher-risk situations;
· Clear, confidential reporting routes, and a visible commitment that no one who reports will suffer for it;
· Dated records of who was trained, when, and how the policy was communicated.
Training that is delivered and logged before October is the clearest way to show that your policy is live rather than nominal. It also shifts workplace culture - which is ultimately the point of the reform.
At Human Results, we help employers get ahead of the October changes with practical policy reviews, risk assessments and tailored anti-harassment training that stands up to scrutiny. If you'd like to be confident your business is ready, get in touch for a confidential discussion.
