Half of employers ‘have not assessed sexual harassment risks ahead of new laws’, survey suggests
Half of employers may be unprepared for tougher sexual harassment laws coming into force in October, new research suggests.
More than 50% of employers had not assessed the risk of sexual harassment in their workplace in the past year, while more than 30% had never done so, the survey by compliance training provider VinciWorks found.
The findings raise concerns about how prepared businesses are for changes coming into force in October, which will require employers to take “all reasonable steps” to prevent sexual harassment at work.
According to the findings, 21% of employers provide no sexual harassment training for employees with managerial responsibilities. Only 30% have designated training for managers, while a further third covers the topic only briefly within generalised staff training.
Employment Rights Act 2025 changes
Changes to the Employment Rights Act 2025 will mean employers will be required to take “all reasonable steps” to prevent sexual harassment in the workplace, strengthening legislation which previously stated “reasonable steps”. The new law will significantly elevate the standards imposed under the current Worker Protection Act 2023, and employers’ liability will extend to harassment perpetrated by third parties, including customers and clients.
Risk assessments will be a core component of compliance with the new law, because, as Ruth Mittelmann-Cohen, VinciWorks’ Head of Compliance says, without a risk assessment “there’s no paper trail, and no paper trail is very hard to defend in front of a tribunal”.
An up‑to‑date, evidence‑based assessment involves identifying where risks are and doing something about them. It demonstrates that reasonable steps have been taken in practice, not merely on paper.
Preventing sexual harassment in the workplace
After a risk assessment is carried out, employers should act on what they find. This could include additional training, clearer reporting procedures, bystander training or specific measures to reduce risks identified in particular roles, locations or situations.
The survey of 985 UK-based HR and compliance professionals, in July 2026, also highlights a shortfall in bystander intervention training. Only 12% of employers have trained employees how to safely challenge or respond to inappropriate behaviour they witness, while 41% have no plans to do so.
This is particularly significant, as employees who witness but do not challenge misconduct can, unintentionally, allow harmful behaviour to become normalised. Equipping staff with the skills to recognise and safely intervene, or to escalate concerns appropriately, is an important preventative measure and complements staff training.
Reporting mechanisms are equally important. Employers should make it easier for workers to report concerns, whether as a victim or a witness. Anonymous reporting channels can reduce the risk of victimisation and improve reporting rates. Employee networks and safe spaces can further encourage individuals to seek support and share experiences with one another. This, in turn, helps employers identify patterns and address issues before they escalate into formal grievances or litigation.
How to be compliant with the Employment Rights Act 2025
In readiness for the strengthened obligations under the Employment Rights Act 2025, employers should adopt a structured approach to prevention. In particular, following the Equality and Human Rights Commission’s 8 Step Guide to Preventing Sexual Harassment will help ensure policies and practices are comprehensive and proportionate.
While full guidance on what will constitute reasonable steps is expected to be published in 2027, employers should not wait. The obligation to take all reasonable steps will apply from 30 October 2026, and proactive work now will mitigate legal, operational and reputational risk.
A robust compliance framework will typically include an up-to-date risk assessment that identifies areas of risk, such as power imbalances, isolation and social settings. It should also set out risk‑based mitigations and a plan for reviewing their effectiveness over time.
Clear, accessible policies and notices for staff and customers are essential, alongside robust reporting channels that are trusted, confidential and easy to use.
Training should cover what constitutes sexual harassment, how to report concerns, and how cases are handled and monitored to ensure consistent outcomes. Above all, complaints must be taken seriously and addressed promptly, with appropriate remedial action and documentation to improve future prevention.
The data from VinciWorks suggests that many employers have more work to do ahead of 30 October 2026. By investing in targeted training, meaningful risk assessments and effective reporting systems, employers can ensure they are on track to meet their legal obligations, fostering safer workplaces and reducing the likelihood of costly disputes.
