Quarterly Employment Law Update
October 2026

1. Start with a sexual harassment risk assessment

One of the most useful places to start is with a proper risk assessment.

Think beyond simply asking “Could sexual harassment happen here?” and consider where, when and how the risk could arise.

For example, risks could be different depending on:

• The nature of the work employees carry out
• Customer or client-facing roles
• Lone working
• Work-related travel
• Social events and work parties
• Alcohol being present at work events
• Power imbalances between colleagues
• Remote and hybrid working
• Communication through messaging platforms and social media
• Interactions with customers, clients or other third parties

ACAS highlights the importance of considering the specific circumstances and risks within an organisation rather than taking a one-size-fits-all approach.

And remember, a risk assessment shouldn’t be a one-and-done exercise.

Your workplace changes, your people change and the way people work changes too. Your approach to preventing sexual harassment should be reviewed accordingly.

2. Do your employees know how to raise a concern?

Having a reporting process is one thing.

Making sure people feel able to use it is another.

Employees should know:

• Who can I speak to?
• How can I raise a concern?
• What will happen if I do?
• Will I be taken seriously?
• What support is available to me?

If someone doesn’t feel comfortable approaching their direct manager, having alternative reporting routes can be important.

Some organisations are also exploring technology-enabled and anonymous reporting as another way for employees to raise concerns.

Anonymous reporting isn’t a replacement for good HR processes, proper investigations or a healthy workplace culture. But it can be one additional tool that helps remove a barrier for someone who may otherwise choose not to speak up.

The important thing is that employees understand their options and know what will happen when a concern is raised.

3. Don’t forget third-party harassment

The changes coming into force in October also put greater emphasis on harassment involving third parties.

For some businesses, this could be particularly relevant.

Think about employees who regularly interact with:

• Customers
• Clients
• Patients
• Suppliers
• Contractors
• Members of the public

For example, an employee working in a customer-facing environment could experience inappropriate behaviour from a customer.

Employers should therefore consider whether their risk assessment and preventative measures account for the people their employees interact with outside the organisation, as well as behaviour between colleagues.

This could mean reviewing reporting processes, manager training, lone-working arrangements, customer-facing policies or the support available to employees after an incident.

4. Managers have an important role to play

Your managers don’t need to be HR experts, but they do need to know what to do when someone raises a concern.

Managers should understand:

• How to listen without making assumptions
• How to respond appropriately
• What information they should record
• Who they need to escalate the concern to
• How confidentiality should be handled
• What support may be available
• What they should avoid saying or doing

It’s also worth considering whether managers understand the difference between banter and behaviour that could amount to harassment.

Something being described as “only a joke” doesn’t automatically make it appropriate.

Training can help managers recognise concerns and respond appropriately, rather than leaving them unsure about what to do when someone comes to them.

5. Prevention is about culture too

This is the part that can easily get lost when we talk about employment law.

You can have a fantastic policy, a detailed risk assessment and regular training — but if employees don’t believe that inappropriate behaviour will be taken seriously, those things won’t achieve what they’re supposed to.

As ACAS highlights, employers should take a proactive approach to preventing sexual harassment rather than waiting for an incident to happen.

A workplace culture that supports prevention should make expectations clear.

People should understand what respectful behaviour looks like, feel able to challenge inappropriate behaviour and know that concerns will be listened to.

And this doesn’t mean creating a workplace where everyone is afraid to say the wrong thing.

It’s about creating an environment where respect, professionalism and psychological safety are taken seriously.