Trick or Tribunal?
As Halloween approaches, something far more frightening than trick or treats has crept out of the gloom: the reintroduction of employer liability for third-party harassment and strengthened obligations to prevent sexual harassment at work.
What is changing?
From today (30 October 2026), employers are required to take all reasonable steps to prevent sexual harassment in the workplace.
It is the word ‘all’ that should send a shiver down your spine.
If a tribunal finds that an employer has failed to meet its duty, it can increase any award of compensation for discrimination by up to 25%.
The horror does not end there...
Employers are now also required to take all reasonable steps to prevent harassment of their staff by third parties too.
The duty extends to harassment relating to any protected characteristic, not just sexual harassment.
What are “reasonable steps”?
Pending regulations will provide further guidance on what constitutes “reasonable steps”, but employers shouldn’t wait for them to materialise before taking action.
Case law indicates that a robust approach should include at least:
- Risk assessments
- Clear communication
- Up-to-date policies
- Regular training
- Trusted reporting procedures
- Ongoing monitoring
A cautionary tale
Remember Michael Jackson's Thriller? The Employment team’s cover version has never felt more apt:
...You have a tightness in your chest
An ET1 lands upon your desk
ACAS want to avoid bloodshed
But AI's here to make a mess
And whosoever shall be sued
Without a defence for getting down
Must stand and face the Tribunal's bell
And give testimony from an online cell
The barrister's brief is in the air
A bill of forty thousand quid a year
And dodgy witnesses from every room
Are screwing up to seal your doom
And though you fight to stay afloat
Your top lip starts to quiver
For no mere client can resist
The judgment, and the biller
Don’t wait until it’s too late
Our Employment team at Thompson Smith and Puxon provides practical workplace training to help employers understand their obligations, train their staff and take proactive steps towards meeting their legal duties.
If you would like to find out more about workplace training or the other services our Employment team provide, please contact us today by emailing enquiries@tsplegal.com or by calling 01206 574431.