Protecting employees from sexual harassment in the workplace

13 July 2026

Research in a recent report published by TUC has found that over one in two women and nearly seven out of 10 LGBTQ+ workers have been sexually harassed in some form within the workplace.

From October 2026, a new statutory duty is set to come into force requiring employers to take all reasonable steps to prevent sexual harassment in the workplace, whether that is from customers or colleagues.

Many people who are sexually harassed in the workplace struggle to report the harassment, as they fear they will be outed at work.

Employers must take steps to not only protect their employees from sexual harassment, but also foster an environment where they can report any issues without fear.

What is sexual harassment?

As legally defined by the Equality Act 2010, sexual harassment is the unwanted conduct of a sexual nature that violates an individual’s dignity or creates an intimidating, hostile, degrading or offensive environment.

The legal scope covers key principles, including:

• Unwanted conduct – The behaviour does not need to be explicitly objected to at the time to be considered ‘unwanted’.
• No intent required – An offence can happen even if the perpetrator does not intend to offend. It is based purely on the effect the conduct has on the victim and whether it is reasonable for it to have that effect.
• Forms of conduct – The act encompasses verbal acts of harassment, such as inappropriate jokes, non-verbal acts, such as gestures or sharing images and physical behaviours. This can be online or in person.
• Broader offences – Sexual harassment can also cross into public offences such as sexual assault or stalking under the Protection from Harassment Act 1997.

Sexual harassment can often make victims feel upset, scared, humiliated or unsafe. For some people, it can have a serious impact on their physical or mental health.

What are the changes?

From October 2026, there is a slight change to the wording of the Worker Protection Act 2023. It now states that employers must take all reasonable steps to prevent workplace sexual harassment, instead of just taking reasonable steps.

The word ‘all’ means that there is a much higher threshold for employers to undertake proactive risk management, systematic planning and preventative action against sexual harassment in the workplace.

This aligns the duty with the ‘all reasonable steps’ defence under the Equality Act 2010.

There is also a change to liability for employers. From October 2026, employers will be directly liable if a worker is harassed by a third party.

The third party could be a customer, contractor or client. However, the employer is only liable if they have not taken all reasonable steps to prevent it.

Employers must start to think beyond their own workforce and must take steps to manage risks that arise from public-facing interactions.

How to better support employees

Employers should already be trying to protect their employees from sexual harassment, however, in lieu of the changes, if you haven’t already, employers should start preparing to enhance employee protections.

Ways this can be done include:

• Review and refresh policies – There should be updated anti-harassment and whistleblowing policies to cover third-party harassment and increased employee protections.
• Risk assessments – There should be a tailored risk assessment carried out depending on the sector that you serve, which can highlight current risks and inform policies.
• Training – All staff, from owners down to employees, should be trained on sexual harassment, and this training should be logged accordingly.
• Inform external parties – All external parties should be aware of sexual harassment policies. Setting these policies early lets employees feel safe and provides employers with a clear basis for action if issues arise.

The aim is to keep employees safe at work. If you are unsure of policies that can be implemented within your workplace, get in touch with our team today.

Our talented team of employment solicitors are here to help protect your employees and your business from sexual harassment.

We can help create robust policies that fit within your business’s needs.

For support with sexual harassment policies in the workplace, get in touch today.