Sexual harassment law changes October 2026: employer checklist

If someone in your business experienced harassment tomorrow, would they know who to speak to? Would the person receiving the concern know what to do next?

Those are the questions that matter more than the wording of a policy. A policy is easier to rely on when the risk assessment, the reporting route and the manager conversations behind it exist. This guide sets out what the sexual harassment law asks of a small employer now, what changes on 30 October 2026, and where to start. The wider timetable is on our Employment Rights Act key dates page.

What applies now and what changes in October

Since 26 October 2024, employers have had a duty to take reasonable steps to prevent sexual harassment of their employees in the course of their employment. Section 40A, Equality Act 2010. Sexual harassment here means unwanted conduct of a sexual nature that has the purpose or effect of violating someone's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Section 26(2), Equality Act 2010. Where a tribunal finds sexual harassment and also finds that the employer breached that duty, it can increase the compensation by up to 25 per cent. Section 124A, Equality Act 2010.

As checked on 13 September 2026, the government's implementation timetable schedules two changes for 30 October 2026: the duty becomes one to take all reasonable steps, and employers must not permit harassment of their employees by third parties. The timetable states that all future dates remain subject to parliamentary processes and may change. Government implementation timetable.

Acas explains "all reasonable steps" as doing what is possible with the resources available, and notes that some steps will not be possible for every organisation. A third party is anyone a worker meets through work who does not work for you: customers, clients, contractors, people at events, members of the public. Acas on the harassment law changes.

The changes are not widely known. Acas reported on 3 September 2026 that 41 per cent of 1,050 senior decision makers in Great Britain, surveyed by YouGov between 27 April and 6 May 2026, were unaware of the October 2026 changes. Acas, 3 September 2026.

Start with the way work actually happens

Acas says you must not assume it will not happen in your organisation, that you should assess the risks, and it names the situations that raise them: meeting clients alone, events where alcohol is served, imbalances of power, and overnight travel. Acas on steps to prevent sexual harassment.

A practical first discussion looks at a normal working week. Where do people work? Who do they deal with? When might someone find it hard to raise a concern? Include customer contact, deliveries, site visits and work events alongside the office. Write down the risks that come up and give each one an owner and an action, however small. Acas says you must follow a full and fair procedure for complaints, either through your grievance procedure or a specific sexual harassment process, in line with the Acas Code. That written assessment is the record that shows the duty was considered, and the one thing a generic template cannot supply.

For customer-facing businesses, Acas lists practical steps for third parties: clear policies, staff briefings, signage for customers, security measures, and a review of supplier and customer contracts. Acas, 3 September 2026.

Walk through the reporting route

Try a simple exercise with a manager. A team member asks for a private word and describes behaviour that made them uncomfortable. How does the manager respond? Where do they get advice? Who is told, and why? Acas lists a clear way to report, including anonymously, as one of the steps that build the right culture. Acas on steps to prevent sexual harassment. A practical addition is to name an alternative contact for a concern that involves the usual manager.

Acas guidance on handling a complaint gives managers the points to get right. Hear both sides in a fair process; Acas notes that in some cases the only evidence is from the person complaining and the person accused, and that is still a case to hear properly. Do not move the person who complained unless they ask, because an unrequested move can look like a punishment. Think carefully before suspending anyone. Explain the limits of confidentiality rather than promising more than the business can keep, and ask those involved not to discuss the case with anyone except a trade union representative or support person. If a crime may have been committed, encourage the person to report it without putting any pressure on them, and offer support. Acas on handling a sexual harassment complaint.

One more point for the briefing: since 6 April 2026, a report of sexual harassment can be a protected whistleblowing disclosure. Treating someone worse for raising it is a separate legal problem. Acas on the Employment Rights Act 2025.

Make the briefing useful

Acas recommends training everyone on recognising sexual harassment and training managers on assessing and managing risk. Acas on steps to prevent sexual harassment. Use realistic, anonymised scenarios and ask participants to say what they would do and where they would seek help. A session should leave people clearer about their responsibilities. Familiarity with a policy title is not the goal.

For customer-facing teams, the briefing should also cover what the third-party steps look like on an ordinary shift: where the signage is, what to say to a customer who crosses a line, when to call for help, and how to log an incident so that the business can act on it afterwards. Keep a record of the materials, who attended and what was agreed afterwards. Then schedule a check on whether the arrangements are understood and working. Acas puts it plainly: taking all reasonable steps means doing what is possible with the resources available, and it suggests recording why any step you decided against was not reasonable for you. A training register is one piece of evidence, not the whole answer. Acas on the harassment law changes.

Give the next step an owner

The duty is about steps taken, so the evidence is what you can produce. A small employer's file usually needs six things: the dated risk assessment; the policy and how it was communicated; the reporting route as staff see it; the briefing materials, attendees and follow-up actions; a log of concerns raised and what happened; and, as Acas suggests, a note of any step you decided against and why it was not reasonable for you (Acas on the harassment law changes). Acas also recommends regularly checking whether the policies and procedures are working, and reviewing them when something happens. Acas on steps to prevent sexual harassment.

For an initial review, bring together the current policy, the reporting information, any training records and the risk conversation above. Identify what is missing and agree who will address it before 30 October 2026. From 1 October 2026 the time limit for most tribunal claims is scheduled to rise from three months to six, so keep the records of what you did. Government guidance on tribunal time limits.

Use appropriate professional advice for the legal requirements and for any individual complaint. For the wider list of dated changes this year and next, our guide to putting employment changes into practice shows how to keep them in one plan.