Anti Bullying and Anti Harassment - time to go further...

The Employment Rights Bill currently imposes a duty on employers to take reasonable steps to prevent sexual harassment from occurring in the workplace, instead of just reasonable steps.

From October 2026, this will become all reasonable steps which means employers will be held liable for third-party harassment if they fail to take all reasonable steps to prevent it.

This liability is not just limited to sexual harassment, but extends to harassment on the grounds of:

• age;

• disability;

• gender reassignment;

• race;

• religion or belief;

• sex; and

• sexual orientation.

(The term "third party" is defined as anyone other than the employer or a fellow employee.)

What needs updating?

Any anti-bullying and anti-harassment policy will need to ensure that it:

• defines bullying and harassment and provides clear examples of what amounts to bullying and harassment;

• makes a firm commitment to taking proactive measures, such as providing training and undertaking risk assessments, to prevent all forms of bullying and harassment;

• includes a robust procedure for reporting and responding to complaints; and

• is extended so that it covers bullying and harassment by third parties.