UK Workplace Harassment Law 2026: What Employers Must Do

Updated: 30 October 2026

The UK workplace harassment law 2026 changes take effect on 30 October 2026. The Employment Rights Act 2025 strengthens employers’ duty to prevent sexual harassment and introduces liability where an employer permits harassment of an employee by a third party because it failed to take all reasonable steps to prevent it. For HR teams, recruiters and employers, this is a practical compliance issue—not simply a policy update.

What changes under the UK workplace harassment law 2026?

There are two main changes relevant to employers in England, Scotland and Wales:

• Stronger prevention duty: the existing duty to take “reasonable steps” to prevent sexual harassment is strengthened to “all reasonable steps”. Employers should be able to show that prevention is active, organisation-wide and suited to the risks in their workplace.
• Third-party harassment: an employer must not permit a third party to harass an employee in the course of their employment. Under the new provision, an employer is treated as permitting it where the employer failed to take all reasonable steps to prevent it.

The changes form part of the Employment Rights Act 2025. The government’s October 2026 employer bulletin and the commencement regulations identify 30 October 2026 as the start date for these provisions. The measures described here apply in England, Scotland and Wales. Northern Ireland has separate equality and employment legislation, so employers there should check the rules that apply locally.

What counts as third-party harassment?

A third party is someone other than the employer or one of its employees who comes into contact with a worker through work. Depending on the business, this may include customers, clients, patients, service users, contractors, suppliers, consultants, event attendees or members of the public.

Harassment can happen face to face or online. For example, a customer may make racist or sexual comments to a shop assistant; a patient may repeatedly abuse a healthcare worker; a client may send offensive messages to a consultant; or a member of the public may target a worker through a work-related social media channel.

The third-party provision covers harassment under the Equality Act 2010, including sexual harassment and harassment related to relevant protected characteristics. The government summary notes that pregnancy and maternity, and marriage and civil partnership, are not separate harassment grounds under these provisions; pregnancy-related conduct may still amount to harassment related to sex or engage other Equality Act protections. Employers should use current Acas guidance and get advice on the facts rather than assume every form of unfair treatment uses the same legal test.

What does “all reasonable steps” mean in practice?

There is no single checklist that fits every employer. Acas explains that reasonable steps depend on the organisation’s size, sector, resources, working arrangements and the risks workers face. The expectation is to prevent harassment, not wait for an incident and respond only after someone complains.

For a business with customer-facing staff, risk controls may need to address abuse from customers and members of the public. For an office-based employer, the risks may include online conduct, work events, client meetings and power imbalances. A policy that exists on paper but is not communicated, understood or used may not be enough.

A practical HR and employer checklist

• Review risk assessments: identify where workers may face harassment, including lone working, late shifts, travel, customer-facing duties, work events, online meetings and contact with clients or service users.
• Update policies: make sure sexual harassment, bullying, discrimination, lone-working and social-media policies explain what conduct is unacceptable and how concerns can be raised.
• Provide more than one reporting route: workers should know how to report a concern if the usual manager is involved or unavailable. Explain who receives reports and what happens next.
• Train staff and managers: cover recognition, prevention, bystander action, safe escalation and how to respond without blaming or disadvantaging the person who reports an incident.
• Set expectations for third parties: review client, customer, supplier and service-user terms where appropriate. Make clear that harassment is unacceptable and explain how the organisation will respond.
• Plan for higher-risk roles: consider appropriate staffing, supervision, security support, alarms or other safety measures where the risk assessment justifies them.
• Record incidents and action: keep proportionate, secure records of reports, investigations, training, risk reviews and steps taken. Protect personal information and limit access to those who need it.
• Review whether controls work: look for repeat patterns, feedback and gaps. Update the assessment when roles, locations, customers or working practices change.

What recruitment agencies and hiring teams should check

Recruitment agencies and employment businesses should not assume that the client alone is responsible for fair treatment. The Home Office’s 2026 right-to-work discrimination code notes that employment agencies have their own Equality Act responsibilities, including duties that apply when they provide employment services.

For hiring teams, prevention should begin before a new employee’s first day. Review how interviews are arranged, who meets candidates, whether candidates are left alone with a client or interviewer, how complaints about inappropriate conduct are escalated and whether agency workers know who to contact. Keep interview questions job-related and make sure a candidate can raise a concern without being penalised for doing so.

Job applicants already have protection under the Equality Act against harassment by an employer during recruitment. However, the new third-party provision in section 21 is specifically framed around harassment of an employee in the course of their employment. Do not assume that every part of the new employee duty applies identically to applicants, contractors and every worker category. Check the person’s legal status and obtain qualified advice where the position is unclear.

What should an employee or job applicant do?

If you experience or witness harassment, use the reporting route in the organisation’s policy if it is safe to do so. Keep a factual record of what happened, when and where it happened, who was present, any messages or other evidence, and the action you took. If the person involved is your manager or the usual contact, look for another reporting route such as HR, a senior manager or an independent channel.

You do not need to decide the legal label before raising a concern. Describe the behaviour and its impact clearly. If you are a candidate dealing with inappropriate conduct during recruitment, record the details and consider raising the matter with the employer or agency through a contact who is not involved in the incident. Acas provides guidance on workplace sexual harassment and handling complaints.

Frequently asked questions

When do the new harassment protections start?

The relevant provisions of the Employment Rights Act 2025 take effect on 30 October 2026. The changes strengthen the sexual-harassment prevention duty and introduce the new third-party harassment provision.

Do the changes apply throughout the UK?

No. The measures discussed in this guide apply to England, Scotland and Wales. Northern Ireland has a separate legal framework for equality and employment matters.

Does third-party harassment include customers and clients?

Yes. Acas examples include customers, clients, service users, contractors, people at events and members of the public. Harassment may take place in person or online.

Are job applicants protected?

Yes. Acas explains that the Equality Act protects job applicants from sexual harassment. The new third-party provision is specifically worded around employees, so employers and agencies should check the precise legal position for each type of working or recruitment relationship.

Is having a written policy enough?

Not by itself. Employers should assess risks, communicate expectations, train workers and managers, provide workable reporting routes, take action on concerns and review whether the measures are effective. The steps should match the organisation and its actual risks.

Conclusion: make prevention part of everyday management

The UK workplace harassment law 2026 changes raise the standard expected of employers from 30 October. A policy document alone is not a complete prevention plan. Employers and recruiters should identify the risks people face, make reporting safe and accessible, train managers, set expectations for customers and clients, and keep a record of the steps taken. Workers and applicants should know where to raise concerns and should not be expected to accept harassment as “part of the job”.

This article is general information, not legal advice. Check the latest official guidance and seek qualified employment-law advice about a specific situation.

Official sources and further guidance

• GOV.UK: October 2026 Employer Bulletin — explains the 30 October 2026 changes and the actions employers should review.
• Business.gov.uk: Workplace sexual harassment and third-party harassment — scope, territorial application and employer preparation.
• Acas: Sexual harassment law changes — what “all reasonable steps” means and practical employer actions.
• Acas: Third-party harassment — examples of third parties and prevention measures.
• Acas: Preventing sexual harassment — risk assessment, policies, training and reporting.
• Equality and Human Rights Commission: Sexual harassment and harassment at work technical guidance — existing legal framework and practical guidance; check for later updates.
• Home Office: October 2026 right-to-work discrimination code — confirms the separate Equality Act responsibilities of employment and recruitment agencies.

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