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Just 4% of employers have fully embedded harassment prevention ahead of October reforms

Just 4% of employers say their sexual harassment prevention measures are in place and being monitored, according to new research from WorkNest.

More than a quarter (26%) describe their approach as reactive, with action typically taken after a complaint, or say they do not yet have a formal prevention strategy.

The findings highlight the challenge facing employers: putting measures in place is only part of the task. Those measures also need to work in practice, helping protect employees and giving organisations evidence of the steps they have taken.

Employers are preparing, but gaps remain

Fewer than one in 10 employers (8%) consider themselves fully prepared for the strengthened duty. Three quarters (76%) say preparations are underway, while 14% have yet to start.

From 30 October 2026, the Employment Rights Act 2025 will strengthen the duty to prevent sexual harassment from taking “reasonable steps” to taking “all reasonable steps”. It will also introduce liability for harassment of employees by third parties where an employer has failed to take all reasonable steps to prevent it.

These changes follow the preventative duty introduced in October 2024. Employers that updated their policies, training or other measures at that point should now review whether their approach remains sufficient for the risks within their organisation.

Tracey Burke, Senior HR Consultant at WorkNest, said:

“There has been a lot for employers to digest in a relatively short period of time. Just two years after the first preventative duty came into force, they need to look again at how they prevent harassment.

“The positive finding is that most organisations recognise there is more to do. Many are actively preparing to do more, but there is a big difference between having some measures in place and being able to demonstrate that prevention is fully embedded.

“Employers need to understand where their risks arise, put proportionate measures in place and keep checking their effectiveness. Without that, they may find it difficult to demonstrate what they did to prevent harassment if an incident occurs.”

Manager confidence is a key barrier

More than half of employers (54%) say a lack of confidence to intervene or fear of getting it wrong is the biggest barrier to managers addressing inappropriate behaviour early.

This suggests that policies and training need to be supported by clear expectations and practical guidance, so managers feel confident recognising concerns and responding promptly.

Tracey added:

“Prevention has to translate into what happens day-to-day. A policy may set expectations, but managers who are unsure when or how to intervene may miss opportunities to address behaviour early, leaving employees exposed and employers dealing with more serious complaints later.

“The strengthened duty should prompt employers to look beyond whether they have a policy or have delivered training and ask whether the measures they have taken are actually working in practice.”

Third-party harassment needs attention too

The research also highlights risks involving customers, clients and other third parties. Nine per cent of employers reported dealing with third-party harassment in the past 12 months, while a further 6% reported dealing specifically with third-party sexual harassment.

Tracey said:

“For organisations whose employees deal with customers, clients or other third parties, this risk cannot sit outside their prevention strategy. Employers should be clear about how staff can report concerns, what managers will do in response and what steps could reduce the risk of it happening again.”

Helping employers turn preparation into effective prevention

With the October changes approaching, employers should focus on five priorities:

• Understand where risks arise - including interactions with customers, clients and other third parties.

• Review existing measures - check whether policies, training and safeguards address those risks.

• Build manager confidence - help managers recognise inappropriate behaviour and respond early.

• Make reporting straightforward - ensure employees know how to raise concerns and what happens next.

• Keep evidence and review progress - record the steps taken and check whether they are working in practice.

WorkNest’s Employment Law and HR specialists help employers understand their responsibilities and put proportionate measures in place. With expert advice, tailored policies and harassment prevention training, we support organisations to protect their people and manage workplace concerns with confidence.

Speak to WorkNest about strengthening your approach to harassment prevention.