Preventing workplace harassment is a core legal responsibility for employers and a vital part of creating a safe, respectful and inclusive working environment. With significant legal changes coming into force between now and 2027, every business must be able to comply with the law and, crucially, evidence the steps they’re taking to meet their obligations.

Under the Equality Act 2010, harassment occurs where unwanted conduct related to a protected characteristic violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. This includes conduct linked to age, sex, race, disability, religion or belief, sexual orientation and gender reassignment.

Preventing harassment is not just about responding to complaints. It requires a proactive, risk‑based and culturally embedded approach.

Specialist legal advice can help ensure policies, processes and behaviours are compliant as well as dealing with any litigation or disputes.

Policy and Compliance

Begin by reviewing your Dignity at Work, Anti‑Bullying, Anti‑Harassment and Equality policies. They should be:

  • Clear, accessible and up to date
  • Fully aligned with current Equality Act responsibilities
  • Reflective of the employer duty (from 26 October 2024) to take reasonable steps to prevent sexual harassment
  • Updated ahead of the changes due in October 2026, when employers must demonstrate they have taken all reasonable steps to prevent sexual harassment and will face new liability for third‑party harassment across all protected characteristics

Policies should avoid any wording that might discourage workers from raising concerns. NDAs or confidentiality clauses that seek to prevent, limit, or appear to limit disclosures about sexual harassment will become void under forthcoming legislation, and employers should ensure that their contracts and settlement templates are updated to reflect that. The exact commencement date has not yet been confirmed, but implementation is expected during 2026.

Early Action: Culture and Conversations

A well written policy alone cannot prevent harassment. Culture, leadership behaviours and early intervention are equally important.

Many workers do not report harassment due to fear of retaliation or a belief that nothing will change. Prioritising trust, psychological safety and open communication helps create an environment where concerns can be raised confidently and addressed early.

Consider embedding:

  • Regular team conversations about standards, values and conduct
  • Visible leadership commitment to zero tolerance
  • Clear and confidential reporting channels
  • Support for bystander intervention and speaking up
Investigation: Responding Fairly and Promptly

When concerns are raised, employers must:

  1. Investigate promptly, impartially and sensitively
  2. Gather witness accounts, relevant documents and context
  3. Share findings and give the employee the opportunity to comment
  4. Maintain confidentiality where appropriate
  5. Keep accurate records of steps taken and decisions made

Even if the conduct reported does not clearly meet the Equality Act definition, employers should still investigate inappropriate behaviour as it may escalate or may breach other workplace standards.

From April 2026, disclosures relating to sexual harassment will be expressly recognised as protected disclosures, giving workers protection from detriment and unfair dismissal for raising concerns.

Top Tip: Risk‑Assess Your Workplace

Identify roles, locations, situations or working patterns where harassment risks are higher, and take targeted, preventative action. This strengthens compliance and provides clear evidence of the steps taken if a tribunal, regulator or auditor later scrutinises your approach.

Training, Reporting and Third‑Party Risks

Regular, high‑quality training for all staff and managers is essential. Out‑of‑date or generic training is unlikely to meet current standards and will fall well short of the “all reasonable steps” duty from October 2026.

Training should cover:

  • What harassment is (and is not)
  • Bystander responsibilities
  • Handling third‑party behaviours
  • Reporting and escalation routes
  • Managerial duties and expectations

From October 2026, employers will be directly liable if workers are harassed by clients, customers, service users or contractors and the employer has not taken all reasonable steps to prevent it.

This requires:

  • Clear contractual clauses addressing acceptable behaviour
  • Risk assessments for customer‑facing roles
  • Training tailored to high‑risk environments
  • Robust escalation and incident‑handling processes
  • Active follow‑up with third parties when concerns arise
Final Thoughts

Preventing workplace harassment is more than a compliance exercise. It is fundamental to maintaining a healthy, productive and inclusive workplace. With new legal duties taking effect between 2026 and 2027, now is the time for employers to strengthen their policies, culture and preventative measures.

A proactive, evidence‑based approach reduces legal exposure as well as supporting employee wellbeing and organisational performance. Our specialist employment team is here to help with support in reviewing policies, conducting risk assessments and delivering training as well as for legal support in the event of disputes or litigation.

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