Press Release: September 2026
Small business owners across the UK are being urged to act before October 2026, when two separate legal duties around workplace harassment change under the Employment Rights Act 2025.
HR consultant, Tara Anstee, who runs ZEST HR in Basingstoke, says that most small employers don’t realise that the changes are distinct or how far-reaching they are.
“These aren’t two versions of the same thing,”Tara said. “They’re two separate duties and most of the businesses we speak to haven’t got to grips with either of them.”
The first change: the sexual harassment duty gets tougher
Since October 2024, employers have had a duty to take “reasonable steps” to prevent sexual harassment at work. From October 2026, that rises to “all reasonable steps”.
Under the new standard, a tribunal will ask whether there was anything further the employer could reasonably have done to prevent a successful sexual harassment claim. If the answer is yes, the defence weakens. Where the preventative duty hasn’t been met, compensation can be increased by up to 25%. Sexual harassment awards are uncapped.
“A policy and an annual training session won’t be enough,”Tara said. “Tribunals will want a documented risk assessment, evidence of manager training and a reporting process that staff actually know how to use.”
The second change: employers become liable for third-party harassment
From October 2026, employers will be directly liable if a customer, client, contractor or supplier harasses one of their employees and the employer can’t show that they took all reasonable steps to prevent it. This applies across all relevant protected characteristics, not just sexual harassment.
“If a customer harasses a member of your team and you haven’t assessed that risk or put a process in place, you could face a tribunal claim,”Tara said. “That’s a significant change for any customer or client-facing business.”
The Equality and Human Rights Commission can investigate employers and take enforcement action without waiting for a tribunal claim.
Tara is offering harassment prevention reviews for small businesses ahead of the October deadline, assessing policies, identifying gaps and helping employers to meet the new standard across both duties.
Book a review at https://zesthr.co.uk/ or call +44 798 393 6747.
ZEST HR works with small businesses in England, providing practical HR advice, compliance support and proactive people management.
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Note to editor:
Tara Anstee is available for further information and interviews on +44 798 393 6747.