As we have previously reported, since October 2024, UK employers have had a proactive duty to take “reasonable steps” to prevent the sexual harassment of their workers. However, from October 2026, that duty will become tougher. The Employment Rights Act 2025 (‘ERA 2025’) will require employers to show they have taken “all reasonable steps” to prevent sexual harassment, and will make them liable for third-party harassment on any protected grounds unless they can demonstrate they have taken all reasonable steps to prevent it.
In parallel, many regulated employers are preparing for the FCA’s new non-financial misconduct regime, which takes effect on 1 September 2026. This will also require regulated employers to take steps to address and prevent conduct such as harassment, bullying and discrimination.
The stakes are rising. But which steps actually work? New workplace harassment research from the Equality and Human Rights Commission (‘EHRC‘) highlights measures that employers may wish to consider.
Background
The EHRC published updated guidance in September 2024 to reflect the new duty to prevent sexual harassment. That guidance made clear that employers are unlikely to be compliant with this duty unless they have carried out a risk assessment, which identifies the steps that it is reasonable for the employer to take, and its level of risk. The guidance is currently being updated to reflect the ERA 2025 reforms, but it is likely that risk assessments to prevent harassment at work, including by third parties, are going to continue to be important to demonstrate that all reasonable steps have been taken.
However, it can be hard for employers to know what steps to take and which steps are likely to be most effective.
Which Steps Are Likely to be Most Effective?
The EHRC’s new research identifies seven practical insights shown to be effective ways for employers to tackle harassment in the workplace. These are:
- Using workforce data beyond the numbers of complaints (such as employee surveys, staff retention, promotion and absence data) to assess the risk of harassment;
- Reviewing policies alongside reporting systems at the same time to ensure consistency;
- Clearly communicating standards and updates to policies, with clear definitions of harassment, zero tolerance statements and action-oriented reporting processes;
- Providing at least two ways for employees to report harassment (including one internal and one external reporting route);
- Emphasising the role of leaders, managers and supervisors in reducing harassment;
- Embedding anti-harassment interventions into existing structures of performance management and professional development for managers and leaders; and
- Delivering training tailored to employees at different levels of the organisation, and in an interactive style to increase engagement. Notably, the research identifies bystander intervention training as one of the approaches with the strongest evidence base.
Three themes are particularly worth highlighting further:
Key Insights
1. The Central Role of Managers
The EHRC repeatedly highlights the importance of managers in both preventing harassment and responding appropriately when concerns arise. Poor supervisory relationships are identified as a significant risk factor for workplace harassment, while managers play a critical role in modelling behaviours and setting workplace norms. This chimes with separate Acas research which showed that employees were most likely to address conflict through discussions with line managers rather than through HR, a formal complaint process, or litigation.
For employers, this underlines the importance of targeted, behaviour-based training for managers, supervisors and senior leaders.
2. The Limits of Complaint Data
While it can be tempting to think that low reporting rates automatically indicate the absence of a problem, this EHRC research cautions against this. Employees may simply lack confidence in the reporting process, or may choose to raise concerns informally. In fact, the recent Acas research referenced above reflected that although 44% of working-age adults reported experiencing workplace conflict in the surveyed 12 months, only 9% pursued a formal complaint.
Instead, the EHRC recommends a broader, data-led approach, drawing on information such as employee surveys, promotion data, retention rates and absence metrics.
3. Culture Eats Policy for Breakfast
Overall, the EHRC data underscores the fact that policies alone are unlikely to reduce harassment and that, to achieve a reduction, it will be important to take a more holistic view of both workplace risks and the practical steps needed to help address them.
Next Steps
With Employment Tribunal complaints and claims on the rise, and employers only months away from a significant expansion of their obligations and potential liabilities, reducing risk is more important than ever. Many employers will already have taken several of these steps. For those that haven’t already done so, there is still time to review existing arrangements and take practical steps to strengthen prevention.
If you would like support with risk assessments or reviewing workplace policies and reporting frameworks, please do not hesitate to get in touch with Caleb Oyekanmi or your usual advisor. To discuss our training, solutions contact Natasha Adom.
For more information about these changes, see here and here.
