The Employment Rights Act 2025 (“ERA 2025”) significantly amends the duties on employers to prevent against sexual harassment in the workplace.
Employers need to be aware of their new obligations and ensure their procedures and policies align with the new legislation.
1. What is changing?
There are four major changes to the law on the prevention of sexual harassment under the ERA 2025 and they include:
- Definition of ‘reasonable steps’
The ERA 2025 enables ministers to make regulations, allowing the Government to specify steps, at a later date, that are to be regarded as “reasonable” for the purposes of meeting the obligation set out in the Equality Act 2010 to take “all reasonable steps” to prevent sexual harassment.
- Harassment by third parties
The Employment Rights Act amends the Equality Act 2010 by introducing explicit protections from third-party harassment.
Employers need to do what is reasonable to prevent their employees from being harassed by Third Parties in their workplace.
- Whistleblowing protections
The explicit inclusion of sexual harassment as a protected disclosure strengthens whistleblower protections meaning workers who ‘blow the whistle’ on sexual harassment will now benefit from whistleblowing protections against detriment and unfair dismissal.
- Limitations on the use of Non-Disclosure Agreements (NDAs)
The ERA 2025 sets out measures that mean that an NDA between an employer and a worker could well be void where it seeks to prevent the worker from speaking out about “Relevant harassment or discrimination or their employer’s response to the relevant harassment or discrimination, or the making of an allegation of relevant harassment and discrimination.
2. When are these provisions effective from?
- Employer duty to take all reasonable steps to prevent sexual harassment – October 2026
- Duty not to permit third-party harassment – October 2026
- Regulation Defining ‘reasonable steps’ – 2027/28
- Limitations on the use of NDAs – to be confirmed after consultation
- Strengthened whistleblowing protections – 6 April 2026
3. What steps can employers take?
Employers should ensure that their policies address third-party interactions, provide clear reporting mechanisms for employees and must be vigilant in preventing harassment by third parties, as failure to take reasonable steps could result in liability.
Employers must take proactive steps to comply with these legal obligations, including updating policies and conducting risk assessments. By implementing these measures, employers can foster a safer and more inclusive workplace while mitigating legal risks.
Employers should ensure that their whistleblowing policies are updated to reflect this change and provide a safe environment for employees to report concerns without fear of retaliation.
4. How can B P Collins help?
We believe it is always better to be proactive than reactive, so we encourage all employers to get prepared ahead of time for these changes.
Whether you need your current policies or procedures reviewed, new ones drawn up or our HR expertise on your practices or conduct, B P Collins has the knowledge and experience to help your business adapt and encourage a safer workplace, therefore mitigating legal risk.
If you require advice on preparing for these changes, the employment team at B P Collins would be pleased to assist. Please email enquiries@bpcollins.co.uk or call 01753 889995.
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