Whilst everyone is keeping an eagle eye out for Labour’s new Employment Rights Bill, there is a risk that this new additional duty on employers which comes into force on 26th October 2026 will go under the radar and cause significant issues for organisations that don’t take heed of the new provisions. In response, we have joined forces with Greater Manchester Chamber of Commerce and are staging a free seminar on 5th November that will give you all the information you need.
The new legislation introduces a proactive duty for employers to take all reasonable steps to prevent sexual harassment in the workplace.
This includes not only promptly addressing incidents that are reported formally or informally through internal procedures, but also taking positive steps and implementing preventive measures to avoid sexual harassment taking place from the outset.
Despite existing anti- harassment provisions, harassment and sexual harassment continue to plague organisations and employees. It has been widely reported that McDonalds are facing allegations of widespread sexual harassment within the organisation, and the BBC claim the same in a documentary on the NHS. We have certainly seen a significant increase in similar allegations from employees within wide ranging sectors.
As a result of the positive duty on employers, it will no longer be sufficient to just have an anti-harassment policy. Steps taken will have to be tailormade for each specific organisation and a “one size fits all” approach will not be acceptable to the tribunals.
Not only are employers expected to protect employees from other employees but, according to the EHRC’s updated technical guidance, this new preventative duty includes a duty to take reasonable steps to prevent sexual harassment by third parties too.
Failure to take steps to comply with these new requirements will result in an organisation having no defence and not only having damages awarded against them, but they will now face an increased level of damages that the tribunals can award employees and also fines being imposed by the EHRC.
It’s important that organisations take advice and protect themselves from costly claims and damaged reputations, but also know how to prevent sexual harassment occurring in the first place.
To book your place on the free seminar, please visit: https://www.gmchamber.co.uk/events/new-sexual-harassment-laws-protect-your-organisation-and-your-employees/