We have been working hard for over 18 months to get all of our clients updated with this new act and there are further changes to come in 2026.
Recent analysis shows that successful tribunal cases for sexual harassment have increased by 7% since the introduction of the Workers Protection Act in October 2024. ACAS have also seen their calls double in relation to these cases. Employee calls to ACAS concerning sexual harassment increased by 59% in Q3 2024, while employer calls rose by a staggering 164% in the same period.
The forthcoming and expansive Employment Rights Bill is set to make the obligations on employers even more challenging.
Here is a reminder of the Employment Rights Bill and the steps you should be taking to protect your business, your Managers and your employees.
Harassment and sexual harassment law in 2025
The law changed last October 2024 requiring you to anticipate when sexual harassment might occur and take reasonable steps to prevent it.
What further changes will we see in 2026?
The Employment Rights Bill will bring in many changes and will be implemented in different stages over 3 years from 2025.
The changes being introduced in 2026 are as follows:
From April 2026, reporting sexual harassment will be explicitly included within whistleblowing legislation.
From October 2026, the word “ALL” is being added to the preventative requirement – “All reasonable steps to prevent workplace sexual harassment and any other type of harassment in relation to the 9 protected characteristics.”
From October 2026, your liability will be extended to include third party harassment and all types of harassment in relation to the 9 protected characteristics.
The use of NDAs will be restricted so that they cannot prevent workers from disclosing harassment or discrimination.
What should you have done to date?
Ensured your harassment and sexual harassment policies are updated.
Kept an updated risk assessment on file – involve your teams for additional compliance and effectiveness of measures.
Provided annual and logged training for employees and Line Managers.
Depending on the nature of your business, conducted a review of all 3rd party providers and communicate with them on you polices in relation to sexual harassment. There are many ways of communicating with them and it need to be fit for purpose, transparent and logged.
For the new changes to law in October 2026, a repeat of the above in line with the new changes is essential.
If you need help with putting these essential steps in place for your business, do get in touch at hello@myhrhub.co.uk.
