Employment Rights Act: Sexual Harassment Update
Under the Employment Rights Act (ERA) 2025, there’s a huge focus on cracking down on Sexual Harassment in the workplace (rightly so). With a series of changes rolling out over the next few years, it’s essential that businesses act now to protect their people and themselves.
Here’s what you need to know…
Timeline of Key Changes
6 April 2026: Whistleblowing protections strengthened
Sexual harassment will officially be added to the list of protected disclosures under whistleblowing legislation. What this means:
Any employee reporting sexual harassment in the workplace will be protected from detriment, including dismissal.
Employees could take a tribunal claim if they experience retaliation after making a protected disclosure.
Actions for business owners:
Update whistleblowing and grievance procedures to explicitly cover sexual harassment.
Ensure clear communication channels and reporting lines are in place.
Train managers and employees on the updated whistleblowing rights and how to raise concerns safely.
October 2026: Duty to take “all reasonable steps”
Employers will be required to take all reasonable steps to prevent sexual harassment of their employees. What this means:
Organisations must proactively assess where harassment could occur and implement preventative measures.
This builds on the Worker Protection (Amendment of Equality Act 2010) Act 2023, which came into force in October 2024.
Actions for business owners:
Review anti-harassment policies and procedures.
Conduct risk assessments to identify situations or areas where harassment could occur.
Provide training for managers and staff on recognising, preventing, and reporting harassment.
2027: Specifying “reasonable steps”
A further update will allow regulations to define what counts as “reasonable steps” to prevent sexual harassment. What this means:
Businesses will need to ensure their preventative measures meet these new regulatory standards.
This adds clarity and accountability for organisations to demonstrate compliance.
Actions for business owners:
Monitor regulatory updates and adapt policies and procedures accordingly.
Ensure ongoing training and awareness campaigns for all staff.
Keep documentation to evidence the steps your business is taking to prevent sexual harassment.
What You Should Do Now
Check your policies – Make sure your anti-harassment and whistleblowing policies are up to date and cover sexual harassment explicitly.
Train your managers and teams – Everyone in your business needs to understand their responsibilities and how to act appropriately.
Assess risks – Identify areas or situations where harassment could occur and put preventative measures in place.
Plan ahead – Keep a close eye on regulatory updates for 2027 so your policies and procedures remain compliant.
The ERA changes mean sexual harassment is no longer something businesses can afford to hope doesn’t happen - it’s a legal duty to prevent it. Taking action now isn’t just about compliance; it’s about creating a safe, respectful workplace for your people.
Need a hand? The Gurus at Streetwise HR are here to help you review policies, carry out risk assessments, and train your teams to tackle this head-on.