What the New Harassment Prevention Duty Means for Employers
If your organisation's approach to preventing workplace harassment hasn't changed since 2024, it's time to revisit it. UK employment law is tightening around this issue significantly in 2026, and the shift is not cosmetic — it changes what employers are legally required to do, not just what they're encouraged to do.
From "reasonable steps" to "all reasonable steps"
Since October 2024, employers have had a duty to take reasonable steps to prevent sexual harassment of their staff. From October 2026, that duty is being strengthened to require all reasonable steps — a noticeably higher standard. At the same time, employers will become liable for harassment of their staff by third parties, such as customers, clients, or contractors, unless they can show they took all reasonable steps to prevent it. This closes a gap that has previously left employees in customer-facing roles with less protection than their colleagues.
There's a further change worth knowing about: from April 2026, a sexual harassment disclosure counts as a "qualifying disclosure" under whistleblowing law. That means an employee who raises a sexual harassment concern gains statutory protection from detriment and unfair dismissal as a result — protection that didn't automatically apply before.
What "all reasonable steps" actually requires
The exact regulatory detail is still being finalised, but the direction of travel is clear. Employers are expected to move from a paper-policy approach to genuinely proactive prevention:
Regular, documented training — not a policy buried in an onboarding pack that nobody revisits.
Clear, accessible reporting routes, including ways to raise concerns about customers or clients, not just colleagues.
Risk assessments that consider where and how harassment is most likely to occur in your specific workplace — late shifts, alcohol-serving environments, lone working, and client-facing roles all carry different risk profiles.
A demonstrable track record of acting on complaints, since a policy that exists but is never enforced is unlikely to count as a "reasonable step" in the eyes of a tribunal.
Why investigation quality is now a compliance issue, not just an HR one
When a harassment complaint is raised, how it's investigated has always mattered to the individuals involved. Under the strengthened duty, it also becomes part of the evidence an employer can point to when demonstrating it took harassment seriously and acted on concerns. A shallow or delayed investigation doesn't just risk an unfair outcome for the people involved — it undermines the organisation's ability to show it met its prevention duty at all.
This is particularly important for allegations involving third parties, where employers may be less practised at investigating and where evidence — CCTV, incident logs, external witnesses — can be harder to gather without experience.
Getting ahead of October 2026
Employers who wait until a complaint lands before thinking about their harassment prevention approach will find themselves reacting under pressure, with October's higher standard already in force. The organisations in the best position will be the ones who, before then, review their policies, refresh training, tighten reporting routes, and have a clear, independent process ready for when — not if — a complaint is raised.
Blue Rock Investigations provides independent, trauma-informed harassment and bullying investigations, helping UK employers meet their legal duties while treating everyone involved fairly.
