It’s been just over a year since the Worker Protection (Amendment of Equality Act 2020) Act 2023 took effect, mandating employers to take reasonable steps to prevent sexual harassment of employees in the workplace. This includes harassment between employees, as well as harassment by third parties such as customers and clients.

The Amendment also granted Employment Tribunals the power to increase compensation by up to 25% where employers were found to have failed in their duty to take reasonable steps to protect employees from sexual harassment.

In 2026, when the next stages of the Employment Rights Bill are implemented, it is anticipated that employers will have even greater obligations to prevent sexual harassment in the workplace. The expected changes are as follows:

  • From April 2026, reporting sexual harassment will become a “qualifying disclosure” under whistleblowing legislation. This means that anyone making a sexual harassment disclosure will be protected from unfair dismissal.
  • From October 2026, employers will need to take all reasonable steps to prevent sexual harassment of employees in the workplace.
  • NDAs and clauses that are designed to prevent workers from disclosing work-related discrimination and harassment will be made void (date TBC).

If you haven’t yet taken steps to prevent sexual harassment in your workplace, now is the time to act. Here’s a quick checklist to help make sure you have everything in place: 

  • Undertake a risk assessment to assess what measures are already in place to prevent sexual harassment. 
  • Review all relevant policies and practices, and update them as required to make them fully compliant with the new legislation.
  • Develop a clear reporting procedure and ensure that this is easy for employees to find and understand.
  • Implement regular training on anti-harassment for all employees, including senior leadership.

Ensuring you are compliant with the forthcoming changes to legislation on sexual harassment in the workplace will not only reduce the risk of costly employment tribunals; it will also help you to create a more inclusive and supportive workplace environment. 

We can support you every step of the way. From carrying out a sexual harassment risk assessment, reviewing and updating your policies, or providing training to your staff, our team can help. Please contact us on hello@hroptimisation.co.uk with a brief overview of your needs and we will be happy to arrange a call to explore further.

Article by Coral Crann, HR Consultant