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You'd think people would know that it's not OK to sexually harass others, at work or otherwise, but apparently we need to spell it out moreclearly.
From October 2026, there will be enhanced protection for workers, withemployers required to take "all reasonable steps" to preventharassment. This is a proactive duty, so you can't just wait for complaints andthen react. You need to be ahead of the game.
What's particularly interesting is that employers may now be liable forthird-party harassment, which covers harassment by customers, clients, serviceusers and contractors. That's quite an onerous burden on an employer—beingresponsible for the actions of such a wide group of people over whom you havelittle or no control. But that's the reality we're facing, so let's look atwhat you can do to ensure you're compliant.
You need to carry out risk assessments appropriate to your workingenvironment. Think about the situations where your people might be vulnerable:customer and client interactions, lone working situations, high-stressenvironments, public-facing roles, situations where alcohol is involved, andpower imbalances. These are all potential flashpoints that need your attention.
Different sectors face particular risks from third parties. If you're inhospitality, you'll be thinking about customers harassing bar staff. Intransport, it's passengers harassing drivers. Retail has customers harassingshop workers. Care providers need to consider service users or their familymembers harassing carers. Travel companies should think about travellersharassing tour guides, and professional services firms need to protect stafffrom inappropriate client behaviour. Whatever your sector, think about whereyour people are exposed and what you can do about it.
Update your employment policies and procedures. Make sure you havecomprehensive anti-harassment and bullying policies, and crucially, ensurethese are communicated to staff and accessible to them throughout theiremployment. There's no point having brilliant policies locked away in a drawersomewhere.
You need clear reporting mechanisms that staff actually trust. If peopledon't believe they'll be taken seriously, they won't report issues, and you'llbe blind to problems festering in your organisation. Set out protocols formanaging difficult customers, clients or service users, so your people knowthey have your backing when things go wrong.
Consider adding signage or posters in your workplace to informeveryone—staff and visitors alike—that you will not tolerate sexual harassment.It might feel a bit obvious, but it sends a clear message about your standards.
You need to carry out mandatory training for all staff on acceptablestandards of behaviour at work. This could be a stand-alone course on sexualharassment or a wider course on treating others with dignity at work, coveringbullying, equality, diversity and inclusion more broadly.
Make sure you can prove that you provided the training and took steps toensure that everyone attended. You could include this training as part of youronboarding process and consider annual refresher sessions. People forget,attitudes slip, and new scenarios arise, so regular training keeps these issuesfront of mind.
If there's a known risk of sexual harassment by a third party, addressthat head-on and tell that third party that their behaviour is unacceptable andwill not be tolerated. Don't tiptoe around it hoping the problem will go away.
Review your contractual arrangements with third parties and update yourterms to include an express obligation on them not to sexually harass yourstaff. Any actions you take—such as warning or banning customers or clients, orwithdrawing service—should be evidenced in writing. Keep a clear paper trail.And don't forget, you should consider involving the police where the behaviourwarrants it.
Make sure that your actions are consistent with your policies andprocedures. Everyone in the company must abide by them—no exceptions for highperformers, valuable clients or anyone else. The moment you make exceptions,your entire framework crumbles.
Investigate any complaints of sexual harassment swiftly and sensitively,within days rather than weeks. Speed matters because delayed responses send themessage that you're not taking it seriously.
Consider suspension of the alleged harasser as a neutral act whilst youinvestigate the complaint. Whether suspension is appropriate will depend on thefacts of your case, and you must be mindful of the impact of a suspension onthe accused's reputation and employment. It's a balancing act, but sometimesit's necessary.
Provide support for victims, such as access to counselling, time off or,after discussion with the employee, moved duties on a temporary or permanentbasis. Show them that you're taking their wellbeing seriously.
Document everything to prove that you took all reasonable steps toaddress complaints. This includes notes of meetings with complainants,witnesses and those accused of sexual harassment, along with your follow-upactions documented in notes, letters or emails.
Carry out regular monitoring and reviews to ensure your zero-tolerancepolicy is being upheld. Consider keeping a record and tracking all incidentscentrally. A tribunal may look favourably on this approach when assessingwhether you've discharged your duty to take all reasonable steps to protectemployees from sexual harassment. It shows you're serious about this and you'reactively managing the issue.
Another change coming into effect from October 2026 is that any clausein a settlement agreement, contract or other agreement that prevents a workerfrom making allegations about harassment or discrimination, making protecteddisclosures (whistleblowing) or discussing the failure to make reasonableadjustments will be void and unenforceable.
This means you cannot silence harassment claims through NDAs. Workerscan still sign settlement agreements, but they cannot be prevented from talkingabout the harassment itself. The best way to avoid reputational damage isn't tosilence victims—it's to protect your employees from sexual harassment in thefirst place. Prevention really is better than cure, both legally and morally.
The bottom line is that from October 2026, the bar is being raisedsignificantly. Take action now to review your practices, strengthen yourpolicies, and create a culture where sexual harassment simply isn't tolerated.Your people deserve it, and the law will soon require it.
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