New UK sexual harassment rules: Key takeaways from our webinar with Fladgate

On 30 October 2026, the rules around preventing sexual harassment in UK workplaces became significantly tougher. Employers are now required to take all reasonable steps to prevent sexual harassment, with additional protections introduced against harassment by third parties.

But what does this mean in practice for HR leaders, compliance teams and employers?

In our recent webinar, New UK Sexual Harassment Rules: Is Your Organisation Ready for October 2026?, Veremark's David Morgan was joined by Taj Rehal, Partner, and Caroline Philipps, Senior Associate, at Fladgate to explore the changing legal landscape, recent employment tribunal cases and the practical measures organisations can take to protect their employees.

For anyone who missed the discussion, here are the key takeaways.

1. The law now requires employers to take 'all reasonable steps'

The most significant change introduced through the Employment Rights Act 2025 is the strengthening of the preventative duty that originally came into force in October 2024.

Previously, employers were required to take reasonable steps to prevent sexual harassment. Since 30 October 2026, this has increased to all reasonable steps.

Although the change appears small, its implications are substantial.

Employers must now consider every preventative measure that would be reasonable for their organisation, taking into account factors such as workforce size, industry, working environments and the risks employees might face.

Simply having an anti-harassment policy or providing annual training may be insufficient.

Organisations should be able to demonstrate that they've assessed potential risks, introduced appropriate preventative measures and regularly reviewed their effectiveness.

The central message from the webinar was clear: prevention needs to be an ongoing organisational responsibility, supported by leadership, managers and effective reporting processes.

2. Workplace 'banter' can still constitute sexual harassment

One of the most interesting aspects of Fladgate's presentation was its exploration of how sexual harassment is interpreted under employment law.

Sexual harassment involves unwanted conduct of a sexual nature that has the purpose or effect of violating someone's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Importantly, conduct doesn't need to be sexually motivated to qualify. A single incident may also be sufficient.

Fladgate highlighted the case of Bratt v JGQC Solicitors Ltd, in which a junior legal secretary experienced inappropriate comments and behaviour at work.

The employer attempted to characterise aspects of the conduct as workplace banter. However, the employment tribunal found that the claimant had experienced sexual harassment.

The case illustrates an important lesson for employers: behaviour being accepted or normalised by some employees doesn't necessarily make it acceptable to others.

Something initially perceived as harmless can become unwelcome, particularly when power imbalances or workplace culture make employees uncomfortable about challenging it.

For HR leaders, this reinforces the importance of ensuring managers understand what constitutes inappropriate behaviour and feel confident intervening before situations escalate.

3. Employers have greater responsibility for third-party harassment

The new legislation also strengthens protections against harassment involving people outside an organisation.

From 30 October 2026, employers have a duty not to permit third-party harassment where they have failed to take all reasonable steps to prevent it.

This includes harassment involving customers, clients, contractors and other external parties. The new protection extends beyond sexual harassment to other forms of harassment covered by the Equality Act 2010.

The implications are particularly relevant for organisations with customer-facing teams, employees working at client premises or individuals attending industry events.

Employers should consider where employees might encounter inappropriate behaviour and what measures could reasonably reduce those risks.

Work-related social events, business travel and situations involving alcohol or lone working may all warrant particular attention.

4. Employees need reporting channels they genuinely trust

Another major theme from the webinar was the problem of underreporting.

Sexual harassment frequently goes unreported, leaving employers unaware of behaviours and workplace risks that may already be escalating.

David Morgan explored several reasons employees might hesitate to speak up, including fear of retaliation, embarrassment, concerns about confidentiality and a lack of confidence in how complaints will be handled.

Power imbalances can make reporting particularly difficult, especially where an alleged perpetrator holds a senior position.

This raises an important question for employers:

If someone in your organisation experienced sexual harassment tomorrow, would they feel safe enough to tell you?

Traditional reporting processes, particularly those relying exclusively on line managers or internal HR teams, may create barriers for employees who fear their concerns won't remain confidential.

Providing accessible, independent reporting options, including anonymous channels, can help organisations identify problems earlier.

The webinar also demonstrated how secure two-way communication can allow employers to ask follow-up questions and provide updates without requiring someone to reveal their identity.

5. Technology can strengthen prevention and organisational oversight

Veremark's presentation examined how technology can help organisations move beyond traditional reporting processes.

A modern reporting solution can make it easier for employees to raise concerns while giving HR and Compliance teams the structure needed to assess, investigate and resolve them.

Some of the capabilities demonstrated included:

• Anonymous reporting: Employees can raise concerns without disclosing their identity.
• Secure two-way communication: Investigators can ask questions and provide updates while maintaining anonymity.
• Structured case management: Reports can be categorised, assigned and tracked through to resolution.
• Management reporting: Dashboards can help identify trends, recurring concerns and potential organisational risks.
• Documented processes: Audit trails can provide evidence of how concerns were handled and what action followed.

The wider benefit is greater visibility.

When concerns are captured consistently, organisations are better positioned to identify patterns, review their preventative measures and address cultural problems before they become more widespread.

6. Investigations must be fair, impartial and trauma-informed

Encouraging employees to report concerns is only one part of the challenge. How an organisation responds matters just as much.

The webinar explored the importance of taking a trauma-informed approach to sexual harassment investigations.

Experiencing harassment can affect someone's memory, confidence and ability to explain events consistently. A delayed or fragmented account should not automatically be interpreted as a lack of credibility.

Practical considerations discussed included using neutral, non-confrontational questioning, explaining the investigation process clearly and allowing individuals appropriate support during interviews.

Equally, employers must ensure investigations remain impartial and fair to everyone involved, including the person accused.

Clear confidentiality arrangements, appropriately trained investigators, documented findings and fair opportunities to challenge decisions all contribute to a more credible process.

An effective investigation should establish the facts while protecting the dignity and wellbeing of those involved.

7. The consequences of getting it wrong extend beyond legal claims

Fladgate also highlighted the potential consequences of failing to address sexual harassment appropriately.

These include employment tribunal claims, reputational damage, regulatory enforcement and potentially significant financial consequences.

Compensation for unlawful discrimination and harassment is uncapped. Where an employment tribunal upholds a sexual harassment claim and finds that the employer breached its preventative duty, compensation may be increased by up to 25%.

The Equality and Human Rights Commission can also take enforcement action where employers fail to comply with their preventative obligations.

However, the wider organisational consequences shouldn't be underestimated.

A workplace where employees don't feel safe raising concerns risks damaging trust, retention and engagement long before an issue reaches an employment tribunal.

Strengthening your organisation's approach to sexual harassment prevention

The introduction of stronger sexual harassment protections places greater emphasis on prevention, accountability and creating an environment where employees feel confident speaking up.

For HR and Compliance leaders, the priority is to ensure that preventative policies are supported by practical measures, trusted reporting channels and fair investigation processes.

Veremark's whistleblowing channel solution helps organisations provide employees with a secure, confidential and anonymous way to report sexual harassment and other workplace concerns.

With encrypted two-way communication, structured case management and management reporting, organisations can identify concerns earlier, respond more effectively and build a stronger culture of trust and accountability.

Speak to our team to discover how Veremark can support your organisation's approach to workplace misconduct prevention.

Missed the discussion? Watch the full webinar with Fladgate on demand for further legal insight, practical examples and guidance on strengthening your organisation's preventative measures.