For many organisations, sexual harassment has historically been viewed as something to respond to if and when a complaint was made.
That approach is no longer enough.
The law has changed significantly over the last two years and, from 1 October 2026, employers in Great Britain will have a legal duty to take all reasonable steps to prevent sexual harassment before it happens.
This is far more than a legal update.
It represents a fundamental shift towards creating workplaces and learning environments that are safe, respectful and inclusive for everyone.
From Reaction to Prevention
Until recently, many organisations focused on dealing with complaints after an incident had occurred.
The Worker Protection Act introduced a proactive duty requiring employers to take reasonable steps to prevent sexual harassment.
From October 2026, the Employment Rights Act strengthens that duty further.
Employers must now be able to demonstrate that they have taken all reasonable steps.
This means asking:
- Where could harassment happen?
- Who may be at greater risk?
- What controls have we introduced?
- How do we know those controls are working?
- What evidence can we produce?
Simply having a policy sitting on a shared drive is unlikely to be enough.
Prevention Starts with Risk Assessment
One of the biggest changes is the expectation that employers actively assess the risk of sexual harassment.
Every organisation is different.
A classroom presents different risks from a construction site.
A care setting presents different risks from an office.
Hybrid working creates different challenges from customer-facing roles.
Risk assessment allows organisations to identify where problems could arise before someone is harmed.
Questions might include:
- Do staff work alone?
- Are employees interacting with members of the public?
- Are there work-related social events?
- Are there significant power imbalances?
- Are there online environments where inappropriate behaviour could occur?
Once risks are identified, employers are expected to take reasonable measures to reduce them.
Third-Party Harassment Matters Too
One of the most significant changes taking effect in October 2026 is employer liability for harassment carried out by third parties.
That includes behaviour from:
- Clients
- Customers
- Service users
- Contractors
- Visitors
- Delegates
- Members of the public
Many organisations already work hard to protect staff from internal issues.
The new legislation makes it equally important to think about external risks.
This could include:
- Clear behavioural expectations for visitors.
- Delegate Codes of Conduct.
- Procedures for removing individuals who behave inappropriately.
- Escalation processes for staff.
- Training managers to intervene confidently.
Policies Don’t Change Culture—People Do
Having robust policies remains important.
However, policies only become meaningful when people understand them and feel confident using them.
Effective organisations invest in:
- Practical training.
- Manager confidence.
- Safe reporting routes.
- Visible leadership.
- Open conversations.
- Continuous review.
Creating a respectful culture is everyone’s responsibility not just HR’s.
Education Has a Particular Responsibility
Learning environments deserve special consideration.
Associates, trainers, facilitators and educators often work with:
- New groups every day.
- External venues.
- Different employers.
- Diverse learners.
- Complex power relationships.
This means organisations should think beyond traditional workplaces and consider the risks that exist wherever learning takes place.
Creating psychologically safe learning environments is essential to inclusion, participation and successful learning.
What Should Organisations Be Doing Now?
October 2026 should not be viewed as a deadline to start preparing.
Preparation should already be underway.
A good starting point includes:
- Completing a sexual harassment risk assessment.
- Reviewing policies and reporting procedures.
- Training staff and managers.
- Considering third-party risks.
- Reviewing induction programmes.
- Ensuring complaints can be raised safely.
- Keeping clear evidence of preventative actions.
- Regularly reviewing and improving arrangements.
The question employers should ask themselves is simple:
“If we had to demonstrate tomorrow that we had taken all reasonable steps, what evidence could we produce?”
Beyond Compliance
At EDUK, we believe preventing sexual harassment is about far more than meeting legal requirements.
It is about creating workplaces and learning environments where everyone is treated with dignity, respect and professionalism.
It is about challenging inappropriate behaviour early.
It is about giving people confidence to speak up.
It is about recognising that inclusion and safety go hand in hand.
The organisations that embrace prevention rather than simply responding to complaints will not only reduce legal risk—they will build healthier, more productive and more inclusive cultures.
Because everyone deserves to feel safe at work.
And everyone deserves to learn without fear.
Need support preparing for October 2026?
EDUK provides practical training, policy development, risk assessment support and consultancy to help organisations meet their legal duties while creating genuinely safe and inclusive workplaces and learning environments.
The law may have changed but creating respectful cultures has always been the right thing to do.