A stronger duty to prevent sexual harassment

From 30 October 2026, employers will need to take 'all reasonable steps' to prevent sexual harassment.

The current law says employers need to take 'reasonable steps' to prevent sexual harassment.

This change strengthens your protection at work. Employers must identify the risks of sexual harassment and take all reasonable steps to prevent it from happening. Responding to a complaint after harassment has occurred does not, by itself, meet that duty.

Below, we explain what this means for you, what action your employer must take and what you can do if it fails to protect you.

What counts as sexual harassment

Section 26(2) of the Equality Act 2010 defines sexual harassment as unwanted conduct of a sexual nature that has the purpose or effect of violating your dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment for you.

Conduct of a sexual nature can be spoken, written or physical. Common examples include:

• comments about your body, appearance or clothing
• sexual jokes, remarks or questions about your private life
• unwanted touching, hugging or standing too close
• sexual messages, images or videos, including on work chats and social media
• repeated requests for dates after you have said no

Section 26(3) of the Equality Act 2010 also makes it unlawful to treat you less favourably because you rejected or gave in to sexual conduct. An example is being moved off a project after refusing a manager's advances.

The conduct does not need to be intended to cause offence. Under section 26(4), a tribunal looks at how you perceived it, the other circumstances, and whether it was reasonable for the conduct to have that effect.

Where the duty comes from

Legislation passed in 2023 added section 40A to the Equality Act 2010. It came into force on 26 October 2024 and applies to every employer, whatever its size or sector.

The duty looks forward. Your employer must think about the risk of sexual harassment in your workplace and act to reduce it before anything happens. The Equality and Human Rights Commission (EHRC) technical guidance confirms that the duty covers harassment by colleagues and managers, and also harassment by third parties such as customers, clients and patients.

What changes on 30 October 2026

Section 20 of the Employment Rights Act 2025 adds the word "all" to section 40A of the Equality Act 2010. From 30 October 2026, your employer must take all reasonable steps to prevent sexual harassment of its employees.

The difference matters. Under the new wording, a tribunal can ask whether there was any further reasonable step the employer could have taken and did not. If there was, the employer has not met the duty.

The same words already appear in section 109(4) of the Equality Act 2010. That is the defence an employer can use when one employee harasses another. Employers who rely on it must show they took all reasonable steps to prevent the harassment, and tribunals apply that test strictly.

On the same date, employers also become liable for harassment by customers, clients and other third parties unless they took all reasonable steps to prevent it. Our guide on harassment by customers and clients explains that change.

What reasonable steps look like in practice

There is no single list that fits every workplace. What is reasonable depends on the size and resources of your employer, the kind of work you do and the risks in your workplace. The EHRC technical guidance and its checklist for employers describe the steps it expects to see, including:

• a clear policy on sexual harassment that staff know about and can find
• an assessment of the risks in the workplace, reviewed regularly
• training for staff and managers on what harassment is and how to report it
• more than one way to report harassment, including a route that does not go through your line manager
• prompt, fair handling of every complaint, with support for the person who raised it
• action against people who harass, whether they are staff or third parties
• monitoring of complaints and outcomes, so patterns are spotted and acted on

Risk factors make some steps more important. These include lone working, night shifts, work events where alcohol is served, work in people's homes, customer facing roles and teams where a few people hold a lot of power over others. An employer that knows about a past complaint and does nothing to reduce the risk of it happening again is unlikely to have taken all reasonable steps.

What happens if your employer fails to meet this duty

You cannot bring a tribunal claim solely because your employer failed to take reasonable steps to prevent sexual harassment. However, that failure can affect your compensation if you win a sexual harassment claim, and the Equality and Human Rights Commission (EHRC) can take enforcement action.

An increase in compensation

If your sexual harassment claim succeeds, section 124A of the Equality Act 2010 allows the tribunal to increase your compensation by up to 25% if your employer also breached its duty to prevent sexual harassment.

Enforcement by the EHRC

The EHRC can investigate an employer and require it to take action to comply with the law. Its powers include issuing an unlawful act notice and requiring an action plan. It can act even if no individual has brought a tribunal claim.

Responsibility for harassment by employees

Under section 109 of the Equality Act 2010, your employer can be held responsible for harassment committed by its employees in the course of their employment. To rely on the statutory defence, it must show that it took all reasonable steps to prevent that harassment. Evidence about the steps it took may also be relevant when the tribunal considers whether it met the separate duty under section 40A.

Time limits

A claim for sexual harassment goes to the Employment Tribunal under section 123 of the Equality Act 2010. Since 1 October 2026, the time limit for most tribunal claims is 6 months. If the problem started before 1 October 2026, the 3 month limit may still apply. Where the harassment is a series of events, the date of the last event usually decides which limit applies.

Before you can claim, you must contact ACAS to start ACAS Early Conciliation within the time limit. Read how long you have to make a claim for more detail on counting the deadline.

Victimisation after a complaint

Section 27 of the Equality Act 2010 makes it unlawful to treat you badly because you complained of harassment, supported a colleague's complaint or gave evidence about it. This is victimisation. Examples include being left out of meetings, losing shifts or being given a poor appraisal after you reported harassment. Keep a record if your treatment changes after you speak up.

What you can do now

1. Write down what happened as soon as you can: the date, the time, the place, the words or conduct, and who saw it.
2. Keep copies of messages, emails, images and call logs. Take screenshots before anything is deleted.
3. Find your employer's harassment policy and follow its reporting route.
4. Report the harassment in writing, and keep a copy of what you sent.
5. If your employer does not act, raise a formal grievance in writing. The Acas Code of Practice on disciplinary and grievance procedures explains what a fair process looks like.
6. Ask your employer what steps it has taken to prevent sexual harassment, and whether it has assessed the risks in your area of work.
7. Note your time limit. A grievance does not pause it.

Seek advice before you reply to any outcome you disagree with, and do not wait for the next incident before you act.

Belonge