Equalities watchdog updates harassment guidance as new employment law comes into force

The equalites watchdog has updated its technical guidance on harassment at work as well as its 8-step guide for employers on preventing sexual harassment to reflect new responsibilities for employers under the Employment Rights Act 2025.

Under the 2025 Act, which came into force on 30 October 2026, employers now must take "all reasonable steps” to prevent the sexual harassment of their workers. This represents a change from previous obligations, which said employers must take "reasonable steps" to stop sexual harassment.

The EHRC’s guidance, Sexual harassment and harassment at work: technical guidance, gives employers practical examples of preventative steps that may be reasonable, including completing a risk assessment and providing behaviour-based training.  

It also explains employers’ responsibilities for preventing harassment by third parties, including customers, clients, contractors, service users, and members of the public. Practical steps to avoid this may include avoiding lone working and practical training for staff on how to de-escalate abusive or harassing behaviour, according to the guidance.

The document is broken up into four chapters covering: Harassment; Victimisation; Obligations and liabilities under the Act; and Taking steps to prevent and respond to harassment.

Announcing the new guidance, Dr Mary-Ann Stephenson, Chair of the Equality and Human Rights Commission, said: “The law now requires employers to take all reasonable steps to prevent sexual harassment. This means looking at where risks arise, acting before incidents happen and checking that preventative measures are effective.

“As the equality regulator, it’s our job to help employers fully understand their responsibilities to protect their staff from harassment. Our updated guidance gives employers practical support to understand the law, providing examples of reasonable preventative steps that can be taken as well as information on preventing third-party harassment.

“We urge employers to read our updated guidance and make sure the right protections are in place.”

Adam Carey