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Preventing Sexual Harassment: Is your organisation ready for 30 October 2026?

Since October 2024, education employers have had to take “reasonable steps” to prevent sexual harassment in the workplace (see our earlier update – here). The government has stated that, from 30 October 2026, the Employment Rights Act 2025 (‘ERA 2025’) will extend the preventative duty to require employers to take “all reasonable steps” to prevent sexual harassment from taking place.

This one-word change to the existing obligation is hugely significant for education providers. Education settings often involve multiple third-party interactions, such as with students, placement students, visitors, parents, contractors, and with individuals at social events, trips and even in a residential environment with housekeeping and catering teams. Education employers must therefore be more proactive than ever in identifying sector-specific risks and being able to demonstrate all the steps they have taken.

Where the duty is breached, discrimination compensation can be uplifted by up to 25%, and the Equality and Human Rights Commission (“EHRC”) has the power to investigate and take enforcement action.

What will “all reasonable steps” entail?

Rather unhelpfully, the ERA 2025 does not expressly say what it considers “all reasonable steps” to be. Instead, the government will be consulting on regulations to come into force, expected during 2027 or even 2028, on what they consider to be (or not be) reasonable steps to prevent sexual harassment. This is likely to include steps around risk assessments, policies and action plans, reporting and the handling of complaints. The government has also previously stated that “all reasonable steps” will look different for each employer, depending on circumstances including the employer’s size, the sector it works in, the working environment, its resources and “other relevant facts”. For education employers, this means looking beyond the immediate working environment and staff. Education providers will also need to consider the wider range of people and settings their staff encounter, including students (their age and vulnerability), parents, visitors and other third parties; public events and trips; staff-to-staff and staff-to-student interactions; boarding or residential arrangements; extra-curricular activities; and the use of social media platforms.

Whilst we await updated guidance, we recommend revisiting the EHRC Technical Guidance and the Eight-step Guide on preventing sexual harassment at work, introduced when the preventative duty first came into force in 2024.

Harassment by third parties

Additionally, also from 30 October 2026, education employers could find themselves liable for harassment by third parties if they fail to take all reasonable steps to prevent the harassment from taking place. In an education context, as mentioned, the focus should not only be on staff-to-staff interactions, but also the wider community in which staff work.

Steps to take now

A high-level overview of the steps which education employers should be taking now is set out below. As no two institutions are the same, specific advice is always recommended in relation to an employer’s individual circumstances, governance structure and risk profile:

Now and throughout August 
  • Revisit the EHRC technical guidance and the eight-step guide on sexual harassment at work
  • Check your sexual harassment policy – are any updates needed?  
  • Consider the daily interactions your staff have: who do they come into contact with, what are the risks of sexual harassment taking place, and what steps could be taken to prevent it?  Consider third party interactions specifically.   
  • What other policies might be relevant in light of the above (disciplinary, code of conduct, visitor policy, social media use policy)?  Are any updates needed to them?  How can you effectively communicate these policies with third parties?
  • Review your current risk assessment: has anything changed since this was last completed?  Can more be done?    
  • Engage with staff: re-run a staff survey, meet with staff reps (including trade union reps) to check levels of awareness and concern in relation to these issues
  • Review existing data (exit interviews, grievances and disciplinary cases, other complaints) to see if there are themes on harassment which need addressing – create an action plan to address any issues  
September 
  • Review and update your risk assessment.  As a reminder, the EHRC has previously said that an employer is very unlikely to be able to comply with the preventative duty without a risk assessment in place
  • Review your reporting mechanisms: are there multiple channels to report harassment, do staff know what these channels are and how to use them?
  • Review your training: when was training last carried out? Is it adequate and still relevant to the workplace?
  • Review manager awareness: are your managers confident in how to deal with complaints of sexual harassment?  If not, how can this be improved?
  • Review your monitoring and evaluation procedures: what are they and are they sufficient?  Are lessons learned and changes implemented when issues are identified?
  • Review your support offering: what support do you offer to victims, witnesses and those accused of harassment?  How is this support rolled out?  
  • Prepare a training and communication plan to action in October, to roll out updates and changes on policies and refresh staff training
October 
  • Implement any changes to your risk assessment
  •   Communicate changes to policies and your zero tolerance stance on harassment to staff and other third parties, including how to report harassment
  • Roll out any new training that has been identified, or training refreshers, to all staff
30 October 2026 - changes come into force
Ongoing 
  • Continue to monitor issues as they arise, take steps to address them, and periodically report on any issues identified 
  •  Ensure training is kept relevant and updated  
  • Continue to engage with staff

How can we help?

At Greenwoods, our Employment team are well prepared and suited to assist education employers with any concerns relating to the above. If you need help with risk assessments, policy reviews, staff training, reporting routes, handling complaints or preparing for the enhanced duty, please feel free to get in contact with us, and we will be able to advise on a suitable way forward.

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This update is for general purposes and guidance only and does not constitute legal or professional advice. You should seek legal advice before relying on its content. Greenwoods Legal Services Limited is a Limited company, registered in England, registered number 16115882. Our registered office is Queens House, 55-56 Lincoln’s Inn Fields, London, WC2A 3LJ. Authorised and regulated by the Solicitors Regulation Authority, SRA number 8011813. Details of the Solicitors’ Codes of Conduct can be found at www.sra.org.uk. All instructions accepted by Greenwoods Legal Services Limited are subject to our current Terms of Business. VAT Reg No: 502 6933 06




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