Sexual harassment prevention: what your business needs before October

Support from your HR consultant in Thanet to help you meet the new sexual harassment prevention duties before October 2026.

You've got a harassment policy somewhere in your files. Maybe it's in a staff handbook, maybe it's saved on a shared drive.

From October 2026, that policy on its own won't protect you.

The law is shifting, and the standard you'll be held to is higher than most business owners realise.

As an HR consultant, I'm already seeing businesses that think they're covered when they're actually exposed.

Here's what you need to know and what to do about it.

What do you actually need to have in place?

Let's start with the practical side, because that's what matters most. If a sexual harassment claim lands on your desk after October 2026, a tribunal will want to see evidence that you took "all reasonable steps" to prevent it.

Not just a policy. Not just good intentions. Actual, documented steps.

Here's what that looks like in practice:

A policy that people have actually read. It needs to be current, it needs to specifically address third-party harassment, and you need a record showing your team has read and acknowledged it.
Trained managers. Your managers need to know how to spot harassment and what to do when someone reports it. If they haven't had proper training, that's a gap.
Reporting routes your employees know about. There's no point having a process if nobody knows it exists. It needs to be visible and accessible.
A written risk assessment. Particularly if your staff interact with people outside your organisation, such as clients, customers, or contractors. The assessment should cover the specific risks in your business.
Evidence that you acted on the assessment. A risk assessment that sits in a folder and changes nothing won't help you. You need to show that the findings led to real action.

That last point is where I expect a lot of businesses to get caught out.

Myth: a policy is enough to defend a claim

Before 2024, having a harassment policy in place generally gave employers a reasonable defence under the Equality Act 2010. If someone made a claim, you could point to the policy and that often did the job.

That's no longer the case.

The Worker Protection (Amendment of Equality Act 2010) Act 2023 changed things in 2024 by introducing a proactive duty on employers to take "reasonable steps" to prevent sexual harassment.

From October 2026, the bar goes up again. The requirement moves from "reasonable steps" to "all reasonable steps".

The difference between those two phrases might seem small. In practice, it's significant. A tribunal will be looking at whether you did everything you reasonably could have done, not just something.

Myth: you're only responsible for what happens between employees

The October 2026 changes also bring in liability for third-party harassment.

If a client, customer, or contractor harasses one of your employees and you can't demonstrate that you took steps to prevent it, your business can be held responsible.

Think about the roles in your business where staff deal with people from outside your organisation. Anyone in hospitality, sales, working on client sites, attending events, or dealing with the public. Those roles now carry real legal exposure if you haven't assessed and addressed the risk.

As part of my HR consultancy services in Thanet, I help businesses identify exactly where those risks sit and put the right measures in place.

What happens if you don't meet the standard?

Tribunals can apply a 25% uplift to compensation awards where an employer hasn't met the preventative duty.

That uplift gets added on top of the underlying award. So if the original claim results in a substantial payout, that extra 25% adds up quickly.

It's a financial risk that's entirely avoidable with the right preparation.

 

How the law has shifted over time

It helps to see the timeline laid out clearly:

Before 2024: Under the Equality Act 2010, employers could generally defend a claim by pointing to an existing policy.
2024: The Worker Protection Act introduced a duty to take "reasonable steps" to prevent sexual harassment.
October 2026: The standard rises to "all reasonable steps", and third-party harassment liability comes into effect.

Each step has raised the bar. And October 2026 is the point where businesses without proper documentation and processes will be most vulnerable.

Questions worth asking yourself before October

Have a look at these and see where your business stands:

• Could your managers confidently handle a harassment report right now, or would they be unsure of the process?
• If a tribunal asked you to produce your evidence pack tomorrow, could you pull together your policy acknowledgements, training records, and risk assessments?
• Have you specifically considered the risks for employees who work with clients, customers, or members of the public?
• Do your employees actually know how and where to report harassment?
• Has your risk assessment led to any tangible changes in how your business operates?

If any of those made you pause, there's work to do before October.

How I can help you get ready

I carry out sexual harassment prevention audits that measure where your business currently sits against the "all reasonable steps" standard.

The audit looks at your policy, your reporting process, and your exposure in third-party environments. It gives you a clear picture of what's in place and what's missing.

I also deliver manager training so your team knows how to handle reports properly from the outset.

As an outsourced HR consultant in Thanet, I work with businesses locally to get this sorted in a practical, straightforward way.

If you'd like to talk through what this looks like for your business before October 2026, get in touch.

I'm happy to have a chat and help you figure out your next steps.