Workplace Harassment: Why a policy alone will not be enough
If an employee reported harassment tomorrow, would your managers know what to do? More importantly, could your business demonstrate what it had already done to prevent it? The Equality and Human Rights Commission’s updated technical guidance puts prevention firmly on the agenda for HR teams, managers and business owners. Reviewing a policy is a useful starting point, but employers also need to consider how people actually behave, where risks arise and whether staff feel able to speak up.
What has changed?
From 30 October 2026, employers must take all reasonable steps to prevent sexual harassment of their workers, strengthening the previous requirement to take reasonable steps. Employers must also take all reasonable steps to prevent harassment by third parties, such as customers, clients, contractors and service users. This protection extends beyond sexual harassment to other harassment prohibited by the Equality Act 2010, including harassment related to race, disability or age.
8 steps to guide your approach
Alongside its updated technical guidance, the EHRC has refreshed its eight-step employer guide. It provides a practical framework for reviewing your approach, although the measures required will depend on your organisation’s circumstances.
These steps cover:
- Policies: Establish clear standards and procedures
- Engagement: Listen to staff and involve leaders
- Risk: Identify potential problems and introduce controls
- Reporting: provide accessible routes and maintain confidential records
- Training: Equip staff and managers to recognise and respond to harassment
- Complaints: Act promptly, protect those involved and communicate outcomes
- Third Parties: Address risks involving customers, clients and others
- Monitoring & Evaluation: Check effectiveness and improve your approach
What does the updated guidance mean in practice?
Start by looking at how your business operates. Do employees visit clients alone? Are junior staff dependent on one manager for shifts or progression? Do work events involve alcohol? Are inappropriate comments dismissed as “banter”?
The technical guidance emphasises risk assessment: employers are unlikely to meet the preventative duty without one. Translate identified risks into an action plan, with named responsibilities and deadlines. For staff attending client premises alone, for example, consider check-in arrangements, a lone working app, an escalation route and when a colleague should accompany them.
Your policy and training should address real situations relevant to your organisation to help people recognise them and respond appropriately. Staff need to know how to respond when a customer makes sexual comments, a senior colleague sends inappropriate messages, or an employee raises a concern but asks that nothing be done. Similarly, managers need the confidence to challenge behaviour, record concerns and seek advice. The EHRC specifically highlights behaviour-based training and also the risks associated with work social events. With Christmas approaching, now is a sensible time to review arrangements and communicate expectations.
The guidance also makes clear that staff should have an alternative reporting contact where their concern involves their line manager. Ask staff whether they understand and trust the process. One-to-ones, surveys, and exit interviews provide good opportunities to gather this information. Your policy should also explain how the business will respond to third-party harassment, including warnings or restrictions on access where appropriate.
When a concern arises, act promptly, investigate fairly and consider appropriate protective measures without prejudging the outcome. Watch for retaliation or exclusion affecting anyone who raises or supports a complaint. Afterwards, ask what the incident reveals about your existing safeguards and what needs to change.
Make prevention an ongoing responsibility
Keep proportionate records of risk assessments, training, concerns and actions taken, as this will all help in demonstrating the preventative action taken. Don’t forget to review whether your measures work as the business and workforce change, and your arrangements with third parties!
The message from the EHRC is clear: employers should be able to demonstrate not only that they have policies in place, but that they are actively taking steps to prevent harassment and create a respectful workplace culture.
For many employers, now is an ideal time to review policies, training, third-party contracts or agreements, reporting mechanisms, and governance arrangements to ensure they remain aligned with the updated guidance and the enhanced duties introduced by the Employment Rights Act 2025.
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lreynolds@refreshinglawltd.co.uk
Lousha Reynolds
Refreshing Law