Preventing sexual harassment: 18 employer questions answered
The legal duty to prevent sexual harassment at work has been in place since 26 October 2024 when the Worker Protection (Amendment of Equality Act 2010) Act 2023 came into effect. From 30 October 2026, under the Employment Rights Act, that duty is being strengthened, with employers required to take all reasonable steps to prevent sexual harassment.
At the same time, new rules will make employers liable for harassment by third parties, such as customers, clients and service users, unless they have taken all reasonable steps to prevent it.
The new third-party harassment protection is wider than sexual harassment. It can also cover harassment related to protected characteristics including age, disability, race, religion or belief, sex, sexual orientation and gender reassignment.
These changes mean employers need to look beyond policies and reactive complaints handling. Prevention, risk assessment, training, reporting routes and ongoing monitoring all need to work together to identify and address risks before harassment takes place.
During our webinar, Preventing sexual harassment: A new legal duty, employers and HR teams asked us dozens of questions about how the duty works in practice. We’ve answered 18 of the most common below, updated to reflect the October 2026 changes.
This blog addresses many of the questions raised during the session, with updated information to reflect the legal position in 2026.
At a glance
- Current duty: employers must take reasonable steps to prevent sexual harassment.
- 30 October 2026: this becomes all reasonable steps.
- Employers will also face liability for harassment by third parties unless they have taken all reasonable steps to prevent it.
- There is no universal checklist of “all reasonable steps”; what is reasonable depends on the organisation and its risks.
- Employers should be reviewing risk assessments, policies, reporting routes, training and third-party risks now.
Preventing sexual harassment work: questions employers are asking
- Is there a recommended risk assessment template for sexual harassment?
There is no single statutory risk assessment template that every employer is required to use. However, carrying out a thorough sexual harassment risk assessment is an important part of meeting your legal duty to prevent sexual harassment.
Employers should consider the specific risks within their organisation, taking into account factors such as the sector they operate in, the nature of the work, different roles, working arrangements and contact with third parties such as customers, clients and service users.
Our Group employment law experts, Halborns, has a risk assessment template for sexual harassment that can help employers structure this process in their Intelligent Employment service. If you’d like to discuss access to this template, feel free to get in touch with us.
- If we provide generic eLearning for sexual harassment training, will we need to create additional materials specific to the housing or care sector?
Not necessarily, but your training should reflect the risks and working environment within your organisation.
For example, organisations in housing, care, healthcare, hospitality, retail and other sectors involving regular contact with customers, clients, residents, service users or members of the public may face particular risks. From 30 October 2026, employers will also need to consider how they are preventing harassment by third parties.
Generic awareness training can provide a strong foundation, but organisations may also benefit from sector-specific scenarios, FAQs or guidance that help employees understand how the issues they may encounter apply to their roles.
Our Group eLearning experts, Learning Nexus, and Halborns have created two digital learning courses to help employers:
- Preventing Sexual Harassment course helps employees understand what sexual harassment is, how to recognise it and how to help prevent it in the workplace.
- For managers, Responding to Sexual Harassment Concerns provides additional guidance on what to do when a concern is raised and how to respond appropriately and sensitively.
We can help you assess whether your current training is appropriate or whether additional sector-specific content would be beneficial. Get in touch to discuss your requirements.
- What reasonable steps must employers take to prevent sexual harassment involving agency workers, contractors, or residents on-site?
The steps an employer should take will depend on the specific risks within the organisation.
Employers should consider everyone their workers may come into contact with as part of their role, including agency workers, contractors, customers, clients, service users and residents.
This could include:
- carrying out risk assessments that consider interactions with third parties
- making standards of behaviour clear
- providing appropriate training and guidance
- ensuring workers know how and where to report concerns
- having clear processes for dealing with incidents
- monitoring and recording incidents so that recurring risks can be identified and addressed
From 30 October 2026, new third-party harassment provisions will make employers liable for harassment by third parties where they have failed to take all reasonable steps to prevent it.
- Can you provide examples of less obvious sexual harassment actions?
Sexual harassment covers a wide range of unwanted behaviour of a sexual nature. It can be a one-off incident or an ongoing pattern of behaviour, and it can happen in person or through digital channels such as email, social media and messaging platforms. Examples can include:
- sexual comments, jokes or innuendos
- comments about someone’s body, clothing or appearance
- asking intrusive questions about someone’s sex life
- taking unwanted pictures or staring suggestively
- sending inappropriate or sexually explicit emails, images or messages
- sharing sexual or pornographic content
- unwanted physical contact, such as touching or hugging
- sexual comments or jokes relating to someone’s sexual orientation or gender reassignment
- suggestive comments on social media posts or pictures
What some people consider to be joking or “banter” can still amount to sexual harassment. Find out more about our Better Banter eLearning here.
- Should older adults in care homes also be required to read/sign policies and receive sexual harassment training?
There is no blanket legal requirement for care home residents to sign an employer’s sexual harassment policy or complete employee training.
However, care providers should consider the specific risks their workers face when interacting with residents, visitors and others, and put appropriate preventative measures in place.
This could include clear standards of behaviour, information for residents and visitors about what behaviour is unacceptable, guidance for staff on how to respond to incidents, clear reporting routes and appropriate action when concerns arise.
From 30 October 2026, third-party harassment rules will make these considerations particularly important for organisations where employees regularly interact with people outside the workforce.
- Is there a grace period for implementing new policies and training after 26th October 2024?
There was no official grace period following the introduction of the preventative duty on 26 October 2024.
The duty has been in force since that date, so employers should already have measures in place to assess and reduce the risk of sexual harassment.
Under the Employment Rights Act reforms, the legal standard will increase from taking reasonable steps to taking all reasonable steps. Employers should therefore review their existing approach now and consider whether further preventative measures are needed. Acas advises employers to review and update their existing policies, consider whether further preventative measures are needed, and regularly check whether their policies, procedures and training are working and effective.
If your organisation needs support with updating your policies, get in touch with our team.
- If we have frontline employees who cannot be easily released for training, is there an allowance for staggered training after the legal duty starts?
The law does not specify a fixed deadline by which all employees must have completed sexual harassment training. However, EHRC guidance states that what is reasonable depends on the organisation, including factors such as its size, sector and the nature of the work. Employers should make sure training forms part of a wider preventative approach and consider how quickly it can be delivered to different groups of workers.
Where training has to be staggered for operational reasons, employers should be able to explain the timetable, why it is reasonable and what interim measures are in place to manage the risk.
- Can someone who left a company due to sexual harassment but didn’t report it at the time still file a complaint?
Yes. An individual can raise a concern with a former employer after leaving the organisation, although the circumstances may affect how the complaint can be investigated.
The employment tribunal time limit is a separate issue. From 1 October 2026, the time limit for most employment tribunal claims will increase from three months to six months where the relevant time limit starts on or after that date. For discrimination claims, including sexual harassment, the time limit generally runs from the date of the act complained of, or the last act where conduct extends over a period. Acas early conciliation can also affect the calculation of the deadline.
Anyone considering a tribunal claim should take specific advice on the applicable time limit.
- Would suspension be an appropriate step if evidence of sexual harassment is found?
Suspension may be appropriate in some circumstances, but it should not be treated as an automatic response.
Employers should consider the specific circumstances and whether suspension is necessary to protect those involved, preserve the integrity of an investigation or manage other risks. Alternatives, such as temporary changes to working arrangements, may also be appropriate.
As suspension can have significant implications for those involved, employers should seek appropriate advice before making a decision.
- Are employers obligated to investigate complaints from employees who are leaving the organisation, as well as those from witnesses who have left?
Yes, employers should take concerns seriously regardless of whether the person raising them is leaving or has already left.
The fact that someone has left does not automatically mean a concern should be disregarded. Employers should consider what can reasonably be investigated, including available evidence and witnesses, while continuing to meet their obligations to protect current workers and address any ongoing risk.
Where a concern highlights a wider risk, employers should also consider whether additional preventative action is needed.
- How should an investigation be handled if the alleged harasser is a senior or influential figure?
Investigations should be conducted fairly, objectively and by someone with the appropriate skills and independence.
Where the person accused is senior or influential, employers should consider whether an internal investigator can carry out the investigation impartially or whether an external investigator would be more appropriate.
Acas advises employers to keep an open mind when handling complaints, including where the person accused is someone senior or influential.
Confidentiality should be maintained throughout, while recognising that relevant information may need to be shared with those involved in investigating and resolving the matter.
- Do organisations need a separate procedure for handling sexual harassment complaints, or can they refer to existing procedures?
No, there is not a requirement for every organisation to have a separate procedure specifically for sexual harassment complaints.
Employers can use their existing grievance or complaints procedures where these are suitable, or introduce a separate process if that would be more effective for their organisation.
Whatever approach is taken, workers should understand how to raise a concern and what will happen when they do. Acas says employers can use a grievance procedure or a specific procedure for handling sexual harassment complaints, which could form part of a sexual harassment policy.
- Is a standalone sexual harassment policy recommended, or can it be included in a broader policy?
A standalone sexual harassment policy is not a legal requirement, but it is highly recommended.
Employers can include sexual harassment within a wider bullying, harassment or discrimination policy, provided the policy is clear about what sexual harassment is, how concerns can be raised and how they will be handled.
A dedicated policy may be useful for some organisations, particularly where it helps make expectations and reporting routes clearer. Acas currently suggests employers consider whether creating a standalone sexual harassment policy would be useful for their organisation.
Policies should also link, where appropriate, to related processes such as grievance, disciplinary, whistleblowing and social media policies.
- How should an employer respond if the person who experienced harassment doesn’t want to take the matter further?
An individual may not want to make a formal complaint, but employers should not simply ignore a concern that has been raised.
They should listen to the individual, understand their wishes and consider whether there is a wider risk to other workers that needs to be addressed.
Depending on the circumstances, this could include taking informal action, carrying out further enquiries, putting additional preventative measures in place or progressing a formal investigation where appropriate.
The employer’s preventative duty means it should consider whether the information reveals a wider workplace risk, even where the individual does not wish to pursue a formal complaint.
- Can sexual harassment be treated as a whistleblowing concern?
Yes. Since 6 April 2026, sexual harassment is expressly recognised as a qualifying disclosure for whistleblowing purposes.
This means a worker who makes a qualifying whistleblowing disclosure about sexual harassment can benefit from whistleblowing protections against detriment and unfair dismissal, provided the relevant legal requirements are met.
Employers should therefore make sure that those responsible for receiving concerns understand the different routes available for reporting and the protections that may apply.
- How long after an incident can sexual harassment be reported?
There is no equivalent statutory deadline for making an internal complaint to an employer. An individual may raise a concern after the event, including after they have left the organisation.
Employment tribunal claims are subject to statutory time limits. From 1 October 2026, the time limit for most claims will increase to six months, where the relevant time limit starts on or after that date. For discrimination claims, the time limit generally runs from the date of the act complained of, or the last act where there is a continuing course of conduct.
Because tribunal time limits can be affected by factors including Acas early conciliation, anyone considering a claim should take advice on the specific circumstances.
- How often should sexual harassment training take place?
There is no legal requirement for sexual harassment training to be refreshed every 12 months. However, employers should avoid treating training as a one-off exercise and should regularly review whether it remains current, relevant and effective. Acas recommends having a process for reviewing policies and training and regularly checking how effective sexual harassment training is.
In practice, employers may wish to refresh training at least every 12 months, or more frequently where risks, incidents or changes in working practices warrant it. This can help keep expectations and reporting responsibilities fresh and form part of the evidence that an employer is taking prevention seriously.
The case of Allay (UK) Ltd v Gehlen is a useful reminder of why regular review matters. The case concerned racial harassment, rather than sexual harassment, and the employer sought to rely on the statutory defence under section 109(4) of the Equality Act 2010. The Employment Appeal Tribunal upheld the finding that the training provided several years earlier had become “stale” and that refreshing it would have been a reasonable step.
The case does not establish a fixed 12-month legal requirement. It does, however, demonstrate that simply having provided anti-harassment training in the past may not be enough if that training is no longer effective in practice.
Our Preventing Sexual Harassment eLearning course supports organisation-wide awareness, while Responding to Sexual Harassment Concerns provides managers with practical guidance on how to respond when concerns are raised.
- Has the Government published a definitive list of all reasonable steps?
The answer, currently, is effectively no. Acas says there isn’t a set list applying to every employer, and what is reasonable depends on factors such as size, sector and type of work.
The Government’s current implementation material says ministers will have a power to introduce regulations specifying evidence-based reasonable steps later. Those regulations will complement rather than replace the wider obligation to take all reasonable steps.
What should employers do before 30 October 2026?
Employers should review six areas before 30 October 2026: their sexual harassment risk assessment, policies and procedures, employee and manager training, third-party risks, reporting and monitoring arrangements, and the evidence they retain of preventative action.
- Risk assessments – are they current, organisation-specific and informed by the risks your workers actually face?
- Policies and procedures – do they clearly explain unacceptable behaviour, reporting routes and how complaints will be handled?
- Training – does training reflect the risks in your organisation, and do managers know how to respond when concerns are raised?
- Third parties – have you considered the risks arising from customers, clients, service users, contractors and others who interact with your workforce?#
- Reporting and monitoring – can workers raise concerns easily, and are you monitoring incidents and patterns to identify further preventative action?
- Evidence – can you demonstrate the steps you have taken and how you have reviewed their effectiveness?
The move from “reasonable steps” to “all reasonable steps” means employers should look at prevention as an ongoing process, rather than relying on a policy or one-off training exercise. By taking a proactive, risk-based approach, employers can strengthen their preventative measures and help create a workplace where sexual harassment is recognised, challenged and addressed.
On-demand webinar | Preventing sexual harassment
Missed the webinar? Catch up on-demand here.
If you need tailored support with risk assessments, policies, training or manager capability, please get in touch.
This article provides general information about UK employment law and is not a substitute for legal advice.