Workplace Harassment Law Changes: What Employers Must Do Before October 2026
Workplace harassment law is changing significantly, and every employer will need to update their policies, training, and risk assessments before 30 October 2026.
These changes strengthen the duty on employers to actively prevent harassment, not simply respond to it. They build on the Worker Protection Act 2023 (in force since October 2024) and introduce new requirements under the Employment Rights Act 2025.
This article breaks down when, what, how, and why the law is changing, and exactly what businesses must do to stay compliant.
When the Law Changes
30 October 2026 — new harassment prevention duties become enforceable.
Applies across England, Wales, Scotland.
Employers must be able to demonstrate compliance from this date onward.
What Is Changing?
1. A new duty to take ALL reasonable steps
Employers previously had to take “reasonable steps.” From October 2026, they must take all reasonable steps, meaning every preventative measure appropriate for their size, sector, and risk profile.
This includes:
Updated harassment & conduct policies
Clear reporting routes
Regular training
Culture monitoring
Risk assessments that include harassment
Documented preventative measures
This is a higher legal threshold than before.
2. Liability for third party harassment
Employers will be responsible if clients, customers, contractors, delivery drivers, agency workers, or members of the public harass their staff, unless they can prove they took all reasonable steps to prevent it.
This is especially relevant for:
Logistics & warehousing
Manufacturing
Retail
Hospitality
Any business using agency labour or subcontractors that have contact with their employees
3. Stronger restrictions on NDAs
Non‑Disclosure Agreements used to silence workers who experience harassment will be void unless they meet strict criteria, including:
Independent legal advice
Written consent
Cooling‑off period
This protects workers and increases transparency.
4. Protection across all protected characteristics
Harassment related to:
Sex
Race
Disability
Religion
Age
Sexual orientation
Gender reassignment
And more
A single incident can count as harassment, repetition is not required.
5. Online & digital harassment included
This covers:
Messaging apps
Social media
Remote working platforms
Group chats
Digital “banter”
Employers must treat digital behaviour the same as in person behaviour.
6. Employers can be liable even without prior knowledge
If harassment occurs and the employer cannot demonstrate preventative steps, they may still be held responsible, even if they didn’t know about the behaviour beforehand.
7. Small businesses are not exempt
Steps must be proportionate, but still comprehensive. A “small team” or “informal culture” is no longer a defence.
Example Scenario: What Happens When Systems Fail vs. When Systems Work
🚫 Scenario 1: When the Employer Has Not Met the New 2026 Duties
A male agency driver attends a logistics site. He has been working there for three days. Each morning, he checks in, collects his route, and receives equipment from a female transport administrator.
On day four, as she is gathering his equipment, he comments on her outfit and how she looks in it. A manager and two colleagues of the same level are also in the office. They hear the comment but do not intervene, partly because they are unsure what to say, and partly because they assume she will handle it herself.
The female worker feels uncomfortable but doesn’t say anything. She doesn’t want to cause conflict, and she isn’t sure how to report it.
The next day, he does it again. This time he goes further and asks her out for a drink. Again, the manager and colleagues hear it. Again, nobody steps in.
❌ What went wrong
No harassment training for agency workers, managers, or staff
No bystander training — colleagues didn’t know how to intervene
No clear reporting route
No induction briefing for agency workers
No third‑party harassment controls
No culture monitoring
No risk assessment covering equipment‑issuing roles
No manager accountability
No documentation of concerns
❌ Why this is a compliance failure
Under the new 2026 duty, employers must take all reasonable steps to prevent harassment, including harassment from agency workers and third parties.
In this example, the employer cannot demonstrate:
training
reporting routes
preventative measures
manager intervention
culture controls
This means the employer may be held liable even if they were unaware of the behaviour beforehand, because they should have been preventing it.
⭐ Scenario 2: When the Employer Has Met the New 2026 Duties
The same male agency driver attends the same logistics site, but this time, the employer has fully implemented the new harassment prevention requirements.
✔️ Before he starts work
The agency confirms he has received harassment and conduct training.
The employer provides a site induction covering: Behaviour expectations, Zero tolerance harassment policy, Examples of unacceptable comments, Digital and in person conduct rules, Clear reporting routes
He signs to confirm understanding.
✔️ The workplace environment
Anti‑harassment posters are displayed.
Managers/supervisors are present during morning check‑ins.
Staff have completed training on: How to challenge inappropriate behaviour, How to report concerns, How to escalate issues safely, How to act as an active bystander
✔️ The risk assessment
The employer has identified:
That equipment‑issuing roles involve regular interaction with agency workers
That comments on appearance are a known cultural risk
That morning check‑ins can create crowded, high‑interaction environments
Control measures were put in place accordingly.
✔️ What happens when the incident occurs
On day four, when the driver comments on the female worker’s outfit:
She recognises the behaviour as inappropriate due to her training.
A colleague immediately steps in with a trained bystander response: “Let’s keep things professional, please.”
The manager reinforces the message: “Comments about appearance aren’t appropriate on site.”
The female worker reports the incident using the confidential reporting channel.
The manager logs the concern and speaks to the driver the same day.
The driver is reminded of the behaviour policy and warned that further incidents will result in removal from site.
✔️ What happens the next day
If he repeats the behaviour or escalates it:
The employer has documentation of the first incident.
The manager intervenes immediately.
The agency is contacted.
The driver is removed from the assignment.
The incident is recorded as part of harassment prevention documentation.
The female worker receives support.
Controls are reviewed to ensure ongoing safety.
✔️ Why this is compliant
The employer can demonstrate:
Training
Induction
Clear reporting routes
Manager involvement
Bystander intervention
Culture monitoring
Risk assessment controls
Documentation
Immediate action
This meets the new legal requirement to take all reasonable steps to prevent harassment — including harassment from agency workers.
How Harassment Must Be Included in Risk Assessments
Harassment is now a foreseeable workplace risk, meaning employers must include it in:
General risk assessments
Stress & psychological safety assessments
Lone working assessments
Remote working assessments
Agency worker onboarding checks
Client‑facing risk reviews
Risk assessments should identify:
Cultural risks (banter, inappropriate humour)
Environmental risks (poor supervision, isolated areas)
Digital risks (group chats, messaging apps)
Third‑party risks (customers, clients, contractors)
Reporting barriers
Training gaps
Vulnerable groups
Control measures may include:
Zero tolerance behavioural standards
Anti‑harassment signage
Manager training
Agency worker induction requirements
Contract clauses with agencies
Anonymous reporting options
Regular culture reviews
Documentation is critical, employers must be able to prove they took all reasonable steps.
How Starlit People Supports Employers
Starlit People provides practical, preventative, legally aligned support to help employers meet the new 2026 harassment duties with confidence.
Harassment Risk Assessments
Full assessments covering:
Workplace culture
Environmental risks
Digital communication risks
Third party interactions
Agency labour
Lone working
Client‑facing roles
Policy Creation & 2026 Alignment
Modern, friendly, legally aligned policies that reflect:
The new “all reasonable steps” duty
Third party harassment
Digital harassment
NDA restrictions
Reporting routes
Manager responsibilities
Training for Managers & Teams
Scenario‑based, remote (online) training that:
Builds confidence
Reduces risk
Supports culture change
Meets the new preventative duty
Reporting Route Setup
Clear, confidential, multi‑channel reporting structures, including anonymous options.
Culture & Behaviour Audits
Identifying:
Banter culture
Subtle behaviours
Team dynamics
Environmental risks
Manager blind spots
Agency Worker Compliance Support
Ensuring:
Agencies provide correct documentation
Workers receive harassment prevention guidance
Contracts include behavioural expectations
Onboarding is consistent and compliant
Retained Monthly Support
Ongoing compliance monitoring, updates, and wellbeing‑aligned guidance.
Get in touch!
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