Employers in the UK are being warned that a tighter legal framework on workplace sexual harassment will come into force on 1 October 2026, and that many are not yet ready to meet the expanded duties.
New legal duties on employers
The upcoming legislation expands the current requirement for employers to take “reasonable steps” to prevent sexual harassment, which has been in place since October 2024. Under the new rule, firms must take “all reasonable steps,” a higher standard that also creates liability for third‑party harassment if the threshold is not met.
While the proactive duty applies only to sexual harassment, the way tribunals assess liability could effectively treat third‑party claims in a similar way. In practice, this means companies will need to demonstrate that they have identified and mitigated risks across all protected characteristics, not just gender‑based conduct.
Survey reveals gaps in preparation
A recent survey conducted by Pinsent Masons during its annual equality, diversity & inclusion conference showed mixed results. Almost three‑quarters of respondents said they were already taking “all reasonable steps” to prevent workplace sexual harassment, yet fewer than one‑quarter had internal systems to monitor the effectiveness of training or other preventative measures.
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Meanwhile, 64% of firms reported completing a risk assessment to pinpoint specific risk factors and outline mitigating actions. The same study found that nearly 40% of participants viewed third‑party actors—such as co‑contractors or workers from other organisations—as the biggest potential source of risk.
These numbers suggest a gap between stated intent and concrete monitoring. Without evidence that preventative actions work, it could be difficult for an employer to convince a tribunal that it has fulfilled the “all reasonable steps” requirement.
Risk assessments should be living documents, regularly reviewed and updated as new threats emerge. The upcoming third‑party harassment provisions will require those assessments to cover a broader range of scenarios, including online interactions, lone working, sector‑specific hazards, and situations where power imbalances exist.
Steps firms can take now
Experts advise that companies begin by setting clear behavioural standards and embedding those expectations in policies that address third‑party harassment. Contracts with clients, suppliers and other external partners should include reciprocal safeguards, and managers need to be equipped to act as active bystanders.
Employee engagement often receives the least attention, even though it is key for uncovering hidden issues. Asking staff directly about their experiences, gauging comfort levels for reporting, and acting on that feedback can surface “known secrets” and pinpoint geographic or departmental hotspots that might otherwise stay invisible.
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In short, firms should treat risk assessments as dynamic tools rather than one‑off checklists. By continuously updating them, organisations can better evidence that they have identified, prioritized, and mitigated harassment risks.
From a broader perspective, the shift reflects a growing legal consensus that employers cannot rely solely on passive compliance. The expectation now is for proactive management of workplace culture, which aligns with the spirit of the Equality Act 2010 and recent case law emphasizing employer responsibility for third‑party conduct.
According to the report, firms that fail to adapt may face not only legal exposure but also reputational damage as employees and partners increasingly scrutinize how companies handle harassment. The survey’s findings serve as a reminder that while many organisations have begun the journey, the road ahead demands concrete systems, regular monitoring, and genuine employee involvement.
Susannah Donaldson, a partner at Pinsent Masons, highlighted that the upcoming duties will test whether employers have moved beyond policy statements to actionable, measurable practices.