Preventing Sexual Harassment: What the Employment Rights Act 2026 means for employers.
The new legal duty arriving 30th October 2026
From the end of October, the Employment Rights Act introduces one of the most significant workplace protections in a generation:
A proactive, legal duty on all employers to take all reasonable steps to prevent sexual harassment of employees.
This isn’t a “nice to have”. It’s a statutory expectation and it applies to every organisation regardless of size, sector or structure.
For businesses across the UK, this marks a shift from responding to incidents to actively preventing them.
Why this matters now
Sexual harassment remains one of the most under‑reported forms of workplace misconduct. CIPD and Acas research consistently shows:
- Employees often fear speaking up.
- Line managers feel ill‑equipped to intervene.
- Organisations underestimate the cultural and financial damage caused by inaction.
The new duty is designed to change that. It places responsibility squarely on employers to create workplaces where harassment is not tolerated, not minimised, and not ignored.
What does “All Reasonable Steps” look like
The law doesn’t expect perfection but it does expect proactive, consistent, and evidence‑based action. Employers will need to demonstrate they have taken steps such as:
1. Clear and accessible policies
Not just a paragraph in a handbook. Policies must be:
- easy to find
- written in plain language
- regularly reviewed
- actively communicated
2. Training that actually works
Tick‑box e‑learning will no longer be enough. Effective training should:
- be tailored to your workplace
- include real scenarios
- equip managers to intervene early
- be refreshed regularly
3. Safe, confidential reporting routes
Employees must know:
- how to report concerns
- who they can speak to
- what will happen next
- that retaliation will not be tolerated
4. Early intervention and fair investigation
Employers must show they:
- act quickly
- investigate impartially
- support all parties
- take proportionate action
5. A culture that doesn’t look the other way
This is the hardest part and the most important. Culture is shaped by:
- leadership behaviour
- everyday conversations
- how concerns are handled
- whether people feel psychologically safe
What Happens If Employers Don’t Act
From October 2026, failing to take all reasonable steps can lead to:
- Higher compensation awards at tribunal
- Enforcement notices requiring action
- Reputational damage that affects recruitment and retention
- Increased scrutiny from regulators and representative bodies
For SMEs, the risk is particularly acute. One incident mishandled can have disproportionate financial and cultural impact.
What good looks like
Seton HR Solutions can help organisations prepare by focusing on three pillars:
1. Prevention
Robust policies, meaningful training and leadership accountability.
2. Response
Clear reporting routes, trauma‑informed investigation practice, fair outcomes.
3. Culture
Embedding respect, psychological safety and zero tolerance for harmful behaviour.
This isn’t about creating fear, it’s about creating workplaces where people feel safe, valued, and able to thrive.
A moment for leadership
October 2026 is more than a compliance deadline. It’s an opportunity for organisations to show they take dignity at work seriously.
The most successful businesses will be those that treat this duty not as a legal burden, but as a cultural investment.
Want support preparing for the new duty?
Seton HR Solutions offers:
- policy reviews and updating or replacing
- manager training and confidence‑building
- independent investigations
- culture audits and action plans
If you’d like to book a call to discuss how I can support with a tailored briefing for your leadership team, a workshop for managers or audit of current policy and practice, please contact me at https://setonhr.co.uk/get-in-touch/
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