Harassment
The provisions which strengthen protection from harassment remain unchanged. From October 2026, the Act will require employers to take all reasonable steps to prevent sexual harassment (as opposed to just reasonable steps) making clear that the preventive duty is consistent with the statutory defence to an individual claim for harassment.
Regulations will set out what steps are reasonable for the employer to take to prevent sexual harassment in the workplace. A report of sexual harassment having taken place also amounts to an express prescribed disclosure for the purposes of whistleblowing, meaning that a claim for interim relief is available in claims where the claimant is ‘likely’ to establish” at a full tribunal hearing that the protected disclosure was the reason or principal reason for dismissal in accordance with s 129 (1) ERA 1996.
Employers will be liable for harassment by third parties (clients, customers and service users) related to the protected characteristics of age, disability, gender reassignment, race, religion or belief, sex and sexual orientation unless the employer took all reasonable steps to prevent it. This provision is due to come into force in October 2026.
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