The duty to prevent sexual harassment at work: where we are now and what is next

The duty on employers to take reasonable steps to prevent the sexual harassment of workers (the preventative duty) has been in force since 26 October 2024. As such, employers should already have considered and adapted their processes to take account of this legislation.

However, with further changes on the horizon (particularly reforms to harassment under the Employment Rights Act 2025 (ERA 2025)), now is a good moment for employers to revisit the current duty, assess whether their approach remains fit for purpose, and prepare for what is changing next.

The preventative duty

To recap, the preventative duty requires employers to take reasonable steps to prevent sexual harassment of workers in the course of their employment. It is an anticipatory obligation, which means that employers should anticipate the risks of sexual harassment happening in their workplace and take reasonable steps to avoid them, rather than waiting for an incident of sexual harassment to occur and then taking reactive steps.

While an employee cannot bring a standalone claim for breach of the preventative duty, if an employee is successful in a claim for harassment (which involved, to any extent, sexual harassment), an employment tribunal can increase compensation by up to 25% if it finds the employer failed to comply with the preventative duty. In addition, the Equality and Human Rights Commission (EHRC) has the power to take enforcement action against employers suspected of breaching the preventative duty.

Reasonable steps and EHRC guidance

So, what are reasonable steps?

The EHRC's guidance 'Sexual harassment and harassment at work: technical guidance' assists employers with complying with the duty and understanding the types of actions required. Alongside its guidance, the EHRC published an 'Employer 8-step guide: preventing sexual harassment at work' which sets out eight steps of preventative action (ie reasonable steps) employers might take.

See our earlier article 'Final EHRC guidance on preventing sexual harassment at work' for a full summary of the eight-step guide (and the particular importance of conducting risk assessments).

What is changing under the ERA 2025

The ERA 2025 signals a clear ramping up of obligations. Although implementation is being phased, the proposed reforms point towards a more demanding regime.

Since April 2026, any report of sexual harassment will automatically count as a protected disclosure in relation to a potential whistleblowing claim under the ERA 2025. As a result, such disclosures will no longer need to be framed as a health & safety, legal breach, or criminal offence issue to be protected.

From October 2026, the following changes will take effect:

• The preventative duty will be expanded to require employers to take “all reasonable steps”. This raises the compliance bar and will make it harder for employers to argue that they took appropriate preventative action.
• Employers will become liable for third‑party harassment (in all forms, not limited to sexual harassment), including one‑off incidents, unless they have taken all reasonable steps to prevent it.

While the EHRC has been clear in its technical guidance that it considers the preventative duty to extend to harassment by third parties (such as suppliers, customers and members of the public) this has not been the position at law, in respect of the preventative duty or harassment more widely.

This change therefore represents a significant departure from the previous position (where employers were only liable for discrimination and harassment committed by employees in the course of their employment). Going forward, employers will need to consider and address risks arising from customers, clients and other non‑employees.

• Time limits for bringing harassment claims (as well as many other claims) will be extended from three months to six months. This change is anticipated to increase litigation exposure for employers and reinforces the importance of maintaining clear records of preventative steps and decision‑

Finally, in 2027, further changes are expected to be implemented in relation to the use of non-disclosure agreements (NDAs) in cases involving harassment and discrimination. The details of the changes are yet to be confirmed, but the legislative trajectory is already clear (see our earlier article on changes brought in by the Victims and Prisoners Act 2024). Employers will need to approach confidentiality provisions regarding harassment with increasing caution, ensuring they are compliant with the evolving statutory framework.

Practical steps: preparing for the next phase

With the direction of travel firmly established, employers should be thinking in terms of future‑proofing their approach. In particular:

• Revisiting risk assessments: ensure these are specific to your organisation, regularly updated and clearly documented.
• Stress‑testing policies and training: are they up to date to reflect the new changes? Are they practical, understood by staff, and reflective of real risks in your workplace?
• Strengthening third‑party controls: contracts, training and escalation routes should address risks involving clients and service users.
• Improving data and monitoring: track complaints, trends and hotspots, and use this data to inform preventative action.
• Documenting decision‑making: being able to evidence why particular steps were taken (or not taken) will be critical.

The introduction of the preventative duty in October 2024 marked the starting point of a more proactive regulatory approach. However, the ERA 2025 signals a clear shift towards heightened accountability.

Employers should therefore view compliance not as a static exercise but as an evolving and ongoing progress. Those who align their approach now with the direction and ambition of these reforms will be best placed to manage increasing litigation risk and demonstrate that they have taken a genuinely preventative, organisation-wide approach.

Many thanks to trainee Zoe Hare for their help in writing this article.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, July 2026