EHRC updates harassment guidance

The Equality and Human Rights Commission (EHRC) has published updated technical guidance on harassment at work following the recent changes to employer obligations under the Employment Rights Act 2025. The revised guidance provides greater detail on what employers are expected to do in practice to comply with their duties and avoid liability for harassment claims.

While many employers have already reviewed their policies in light of the strengthened duty to take “all reasonable steps” to prevent sexual harassment, the updated guidance makes it clear that compliance is not a one-off exercise. Employers are expected to take an active and ongoing approach to identifying and managing workplace risks.

A greater focus on risk assessments

One of the most significant themes running through the updated guidance is the importance of risk assessments.

The guidance indicates that employers are unlikely to demonstrate compliance with their preventative obligations without first identifying where harassment risks arise within their organisation and implementing all steps that are reasonable to address them. According to the EHRC, if a reasonable preventative measure was available but not implemented, the employer will likely have failed to meet its legal obligations

For your business, the risks may be very different from those found in office-based environments. You should consider issues such as:

• night shifts and reduced management oversight
• changing room and welfare facilities
• interactions between permanent employees, agency workers and contractors
• workplace banter becoming inappropriate or offensive
• social events linked to the workplace.

Policies and training are not enough on their own

Many employers have invested time in updating policies and rolling out training. Whilst these remain important, the updated guidance emphasises that employers must also monitor whether those measures are effective.

In practice, this means you should regularly review:

• grievance and complaint data
• staff survey feedback
• sickness absence trends
• exit interview information
• reports of inappropriate conduct, even where a formal grievance is not raised.

Where issues are identified, you should consider whether additional measures, refresher training or management intervention are required.

Third-party harassment back in the spotlight

The updated guidance also provides detailed commentary on employer liability for harassment by third parties. This is particularly relevant where your workforce regularly interacts with customers, suppliers, contractors, or agency labour providers.

The guidance suggests that reasonable preventative measures may include:

• setting clear behavioural expectations for contractors and visitors
• including appropriate standards within supplier and contractor agreements
• providing clear reporting routes for employees
• displaying workplace notices setting out expected standards of conduct
• taking action where concerns are raised about particular individuals or organisations.

Importantly, you are not expected to prevent every incident. However, you must be able to demonstrate that you considered the risks and implemented all reasonable steps available to you.

What should you do now?

The updated guidance serves as a reminder that preventing harassment requires more than simply having the right documents in place.

You should consider:

• Reviewing existing harassment risk assessments and ensuring they reflect operational realities.
• Identifying areas where employees interact with third parties and assessing any associated risks.
• Ensuring managers understand how to identify and respond to concerns at an early stage.
• Establishing a process for regularly reviewing the effectiveness of preventative measures.

Taking proactive steps now will place you in a stronger position both to protect your workforce and to defend against any future claims.

Contact our employment law solicitors today

If you have any questions or concerns about the updates provided above, please contact a member of our Employment Law team. You can use our online enquiry form or call 0330 191 5713.