Harassment and Trade Union Law Changes

Is Your Workplace Ready for 30 October?

Helen Russell, lead HR consultant and solicitor in our Employment team & HR, explains the changes coming into force under the Employment Rights Act 2025 and how employers can prepare.

From 30 October 2026, the law will strengthen employers’ duties to prevent sexual harassment, introduce liability for harassment by third parties and expand trade union rights. Employers should review their policies and working practices to understand where action is needed.

Harassment: a stronger duty to prevent

Employers must already take reasonable steps to prevent sexual harassment. From 30 October 2026, the duty will be to take all reasonable steps. The change applies to harassment by colleagues and third parties, including customers and clients.

What is required will depend on the circumstances, but employers should review risk assessments, policies, training and reporting procedures. This includes considering where workers may be exposed to harassment, such as customer-facing roles, lone working and work-related events.

Recording incidents, addressing patterns and checking that preventative measures are effective will be important. A policy alone will not be enough: employers must take practical steps before harassment occurs.

Liability for third-party harassment

Employers may be liable where a third party harasses an employee in the course of their employment and the employer cannot show it took all reasonable steps to prevent the harassment. Third parties may include customers, clients, contractors and service providers.

This change is not limited to sexual harassment. It also covers harassment related to protected characteristics, such as race, disability, age, sex, religion or belief, and sexual orientation.

Employers should make clear the standards expected of customers and suppliers, ensure staff know how to report concerns, and establish how complaints involving external individuals will be investigated and addressed. This is particularly relevant to hospitality employers and retailers, where staff regularly interact with customers.

Trade union changes

From 30 October, qualifying trade unions will be able to request access to workplaces to meet, support, represent, recruit and organise workers, and facilitate collective bargaining.

This is a structured process: employers should appoint someone to handle requests, understand the response requirements and consider practical issues such as security, confidentiality and safeguarding.

Under the Protection Against Detriment (Industrial Action) Regulations 2026, workers will also be protected against detrimental treatment intended to penalise, prevent or deter participation in protected industrial action. The rules preserve the common law position on withholding pay for participation in industrial action.

Employees elected or appointed as equality representatives by a recognised trade union will gain rights to reasonable paid time off for certain equality-related duties and training, alongside access to reasonable facilities. Employers with recognised unions should review their arrangements against the updated Acas Code of Practice.

The separate duty to tell workers about their right to join a trade union is expected to begin on 1 January 2027.

What should employers do now?

As these changes approach, employers should prioritise any gaps in their harassment prevention measures and, where applicable, prepare a clear process for union access requests. Assigning responsibility for each action, keeping a record of the steps taken, and setting a timetable to review their effectiveness will turn these preparations into a practical plan.

Alongside these preparations, employers should help employees understand what the updated policies mean in practice, rather than simply circulating them. Clear communications should explain the expected standards of behaviour, how to raise a concern, and who to approach, including when the concern involves a customer, client, or contractor.

Employers should encourage employees to familiarise themselves with the reporting routes, complete relevant training and speak up about inappropriate conduct. Explaining how concerns will be handled and what support is available will help employees feel confident about using those routes.

Helen Russell has over 25 years’ experience in people management, including 15 years in HR teams across a variety of organisations and sectors, followed by 10 years working alongside the employment solicitors at Harrison Drury. She graduated with a BA (Hons) in Management with Law from the University of Central Lancashire and subsequently completed a Post Graduate Diploma in Personnel & Development at the University of Northampton.  She is also a Chartered Fellow of CIPD and a qualified solicitor.

For advice on the upcoming changes to the Employment Rights Act 2025 and what it might mean for your business, please contact the Harrison Drury office on 01772 258321.

Helen Russell