Updated EHRC preventing harassment guidance: what employers need to know

From 30 October 2026, employers must take all reasonable steps to prevent sexual harassment in the workplace and can now be liable for harassment (all types of harassment, not just sexual harassment) of workers by third parties, including customers, clients, contractors and suppliers, unless they have taken all reasonable steps to prevent it.

The Equality and Human Rights Commission (EHRC) has updated its technical guidance to reflect these changes. The guidance makes clear that compliance requires more than having a policy in place. Employers are expected to take a proactive and ongoing approach, including identifying and assessing workplace risks, implementing effective reporting procedures, delivering meaningful and regular training, maintaining clear governance and accountability, and monitoring the effectiveness of measures taken to prevent harassment.

The EHRC also emphasises the importance of creating a workplace culture in which concerns can be raised confidently and addressed promptly, as well as recognising that risks may arise in a range of settings, including remote working environments, work-related social events and interactions with third parties.

Notable additions include what should be covered in training, the role of senior leaders (and other managers in the organisation), and more about what employers should do to prevent third-party harassment. 

The EHRC has also updated its eight step guide on preventing workplace harassment. The eight steps are:

• Develop an effective anti-harassment policy - Set clear standards of behaviour, explain reporting routes and outline how concerns will be handled.
• Engage with staff - Understand workplace culture and encourage feedback on risks, concerns and experiences.
• Assess and take steps to reduce risk - Identify where harassment may arise, including from third parties, remote working arrangements and work-related events, and put preventative measures in place.
• Establish effective reporting mechanisms - Ensure workers can raise concerns easily, confidently and through appropriate channels.
• Provide training - Deliver regular and meaningful training to workers, managers and leaders on expected standards and responsibilities.
• Respond appropriately to complaints - Investigate concerns promptly, take appropriate action and support those affected.
• Address harassment by third parties - Consider risks arising from customers, clients, contractors and other non-employees, and take steps to minimise those risks.
• Monitor and evaluate effectiveness - Regularly review policies, training, complaints data and workplace culture to ensure preventative measures remain effective.

If you have not yet reviewed your arrangements with the October changes and updated EHRC guidance in mind, now is the time to do so. 

Our August insight, "New harassment laws from October 2026: is your organisation ready?", provides more information, and we recently delivered a webinar examining the changes in more detail and giving employers practical tips for complying with the strengthened duty and preventing third-party harassment. We can provide access to the recording, template policies, and a follow-up call to discuss how the changes will impact your organisation for a small, fixed fee. Please contact Jamie Meechan for more details. 

While not legally binding, the guidance is the most authoritative and comprehensive guidance available to employers, and likely to be taken into account by Employment Tribunals when considering claims. 

To find out more about the changes and how we can help, please get in touch with your usual Burness Paull contact or a member of our Employment team.

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