The statutory duty

Under section 40A of the Equality Act 2010 (as inserted by the Worker Protection Act 2023), every employer has a proactive duty to take reasonable steps to prevent sexual harassment of employees.

This applies to ALL UK employers, no size threshold.

What changes in October 2026

The Employment Rights Act 2025 (effective 1 October 2026) makes two changes:

  1. "Reasonable steps" becomes "all reasonable steps" — your employer must show they took every reasonable step open to them.
  2. Third-party harassment liability — your employer becomes liable for harassment by clients, customers, suppliers, members of the public, across all protected characteristics.

What this means for you

If you report harassment and your employer didn't take preventative steps (no policy, no training, no risk assessment, no clear reporting route), they're exposed in any later tribunal claim — and any compensation can be uplifted by up to 25%.

The EHRC publishes an eight-step framework that the test is judged against.

Reporting

Report to your manager or HR, in writing. Keep copies. If you don't feel safe doing that, the published reporting route (anonymous form, external whistleblowing line) is an option.