New Sexual Harassment Rules at Work From 30 October 2026
Employers must take all reasonable steps to prevent sexual harassment, and must not permit harassment by customers and clients. What changes, and what you can do.
← Back to Blog · Employment · Published 17 October 2026 · Directed and published by Matt Thompson, founder of UK Work Rights
This is free rights information, not legal advice. Statutory figures here are checked against a primary source and dated — see our Editorial & Verification Policy. For advice specific to your situation, see our About page or contact Citizens Advice.
From 30 October 2026, employers in England, Wales and Scotland must take all reasonable steps to prevent sexual harassment of their staff. Until then the law says "reasonable steps". One word is being added, but it raises the bar for employers.
The change in brief
📅 Since 26 October 2024: employers must take reasonable steps to prevent sexual harassment of employees in the course of their employment.
⚖️ From 30 October 2026: this becomes all reasonable steps.
🧾 From the same date: employers must not permit customers, clients or other third parties to harass their staff.
📍 Applies in England, Wales and Scotland. Not Northern Ireland.
What is changing on 30 October?
The duty is in section 40A of the Equality Act 2010. The Employment Rights Act 2025 adds the word "all", so employers must take all reasonable steps, not just some.
The same Act lets the government set out in regulations which steps count as reasonable. These can include risk assessments, publishing plans or policies, how harassment is reported and how complaints are handled.
Who is protected?
The duty covers employees in the Equality Act sense. That includes people on a contract of employment, apprentices, and people on a contract to do the work personally.
It covers sexual harassment that happens in the course of your work.
What counts as sexual harassment?
Under the Equality Act 2010, sexual harassment is unwanted conduct of a sexual nature that has the purpose or effect of:
- violating your dignity, or
- creating an intimidating, hostile, degrading, humiliating or offensive environment for you.
It is also harassment if you are treated less favourably because you rejected or gave in to that kind of conduct.
To decide whether conduct had that effect, a tribunal looks at how you saw it, the other circumstances, and whether it was reasonable for it to have that effect.
Harassment by customers and clients
From 30 October 2026 an employer must not permit a third party to harass their employees. A third party is anyone other than the employer or its employees, such as a customer or client.
An employer permits it if the harassment happens in the course of your work and the employer failed to take all reasonable steps to prevent it. This rule covers all harassment under the Equality Act, not only sexual harassment.
Can I make a claim if my employer breaks the duty?
You cannot bring a claim for a breach of the duty on its own.
🏛️ The Equality and Human Rights Commission (EHRC) can enforce it.
💷 If you win a sexual harassment claim at an employment tribunal and are awarded compensation, the tribunal must consider whether your employer breached the duty. If it did, the tribunal can add up to 25% to the compensation.
What you can do
- Raise it with your employer, in writing if you can. Our grievance letter guide shows what to include.
- Since 6 April 2026, reporting sexual harassment can count as whistleblowing (a "protected disclosure"). Our whistleblowing guide explains when.
- Before most employment tribunal claims you must contact Acas for early conciliation.
- Time limit: 6 months less 1 day from the act you are complaining about, where that act (or the last act in a series) happened on or after 1 October 2026. For an earlier act it is 3 months less 1 day.
- Contacting the EHRC does not pause the time limit.
Northern Ireland
The Equality Act 2010 does not apply in Northern Ireland, and these changes do not apply there. Northern Ireland has its own equality law.
Sources: Equality Act 2010, sections 26, 40, 40A, 83 and 124A; Employment Rights Act 2025, sections 20, 21 and 22; Employment Rights Act 2025 commencement regulations (SI 2026/1065), regulation 3 (30 October 2026 start), all on legislation.gov.uk; Acas, early conciliation.
Not sure where you stand? Our free Whistleblowing & Discrimination guide and EHRC Enforcement guide cover England, Wales and Scotland. No login, no charge.
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