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ARTICLE · 11 NOVEMBER 2026

Employers Should Review Updated EHRC Technical Guidance On Harassment Reflecting 30 October Changes

Herbert Smith Freehills Kramer LLP
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The Equality and Human Rights Commission has released updated guidance on workplace harassment prevention, introducing stricter requirements for employers including vicarious liability for third-party harassment and enhanced preventive duties. Employers must now demonstrate they have taken all reasonable steps to prevent harassment, with employment tribunals determining what constitutes reasonable action rather than employers themselves.

United KingdomEmployment and HR
Anna Henderson
Anna Henderson
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The Equality and Human Rights Commission has updated its Technical Guidance on sexual harassment and harassment at work and its Employer 8-step Guide to reflect the reforms which came into force on 30 October 2026. Employers should now review their policies, risk assessments and preventive measures against the updated guidance, particularly their approach to third-party harassment.

These reforms (i) strengthened the proactive duty to prevent sexual harassment to a requirement to take all reasonable steps, and (ii) introduced vicarious liability for acts of (any type of) unlawful harassment of workers in the course of their employment by third parties, subject to the employer's defence of having taken all reasonable steps to prevent this.

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