New UK workplace harassment rules from October – what you should know
Key Points
- UK employers must take "all reasonable steps" to prevent workplace sexual harassment from October 2026 under the Employment Rights Act 2025.
- Employers will be liable for harassment of staff by third parties including clients, customers and suppliers, across all protected characteristics.
- Since April 2026, sexual harassment disclosures count as whistleblowing, blocking the use of NDAs to silence complaints.
- The Act does not define "all reasonable steps," with clarifying regulations not expected until 2027, after the duty takes effect.
- A 2023 TUC poll found 58% of women experienced harassment at work, but fewer than one in three reported it.
UK employers will have to take all reasonable steps to prevent workplace sexual harassment and harassment by third parties from October 2026, under changes set out in the Employment Rights Act 2025.
Employment lawyers Natasha Adom and Philip Cameron at Littler Mendelson explain that the reforms strengthen the existing duty on employers from taking “reasonable steps” to “all reasonable steps,” and for the first time make employers liable when clients, customers and members of their supply chain harass their staff.
The current duty already requires employers to prevent sexual harassment where there is a sufficient connection to an employee’s work, which can include offsite working and social events.
From October 2026, that duty rises to the higher “all reasonable steps” standard and is extended to cover harassment carried out by third parties.
Adom and Cameron note that the third-party liability will apply to all forms of unlawful harassment related to protected characteristics, such as disability and race, and not solely to sexual harassment.
What is changing
The October 2026 reforms form part of a wider set of legal and regulatory changes affecting how employers handle harassment.
Since April 2026, the law makes clear that sexual harassment disclosures can amount to whistleblowing and are protected under whistleblowing legislation, which means employers cannot use non-disclosure agreements to stop disclosure of sexual harassment complaints.
From September 2026, new rules from the financial regulators focus on non-financial misconduct, making clear that such conduct can amount to a conduct rule breach and that managers are required to address it.
Adom and Cameron noted that further restrictions are proposed for 2027, when employers are expected to lose the ability to use non-disclosure agreements to prevent disclosure of harassment and discrimination complaints more broadly, rather than only sexual harassment, except in limited circumstances.
What counts as all reasonable steps?
One of the central uncertainties for employers is what the higher standard will require in practice.
The Employment Rights Act 2025 does not define “all reasonable steps,” and Adom and Cameron say regulations setting out the detail are unlikely to arrive before 2027, after the new duty is already in force.
The steps an employer is expected to take will vary according to its size, resources and risks. Examples given include carrying out assessments, publishing plans or policies, and taking steps relating to the reporting and handling of complaints.
The pair also note that the steps employers can take in relation to third parties are more limited than those they can take with their own employees, a point they say the Government guidance accepts.
Why reporting remains low
Data cited in the advisory points to continued reluctance among workers to raise concerns.
A 2023 TUC poll found that 58% of women had experienced harassment at work, but fewer than one in three told their employer.
A 2025 ACAS report on workplace conflict found that the most common action people took to resolve conflict was a discussion with their own manager, at 45%, while 13% raised the issue with HR and 19% took no action.
Adom and Cameron warned that managers will need to be upskilled to spot issues early and respond promptly, sensitively and confidentially, given how often they are the first point of contact.
The authors set out practical priorities for organisations ahead of the deadline. These include refreshing risk assessments and action plans so they cover the risk of third parties harassing staff on any unlawful ground, and the measures available to reduce it, such as signage and contractual wording.
They also point to reviewing policies, reporting channels, non-disclosure agreement practices and investigation procedures to ensure these comply with the whistleblowing changes, and delivering practical training for managers and the wider workforce.
