The rules around preventing harassment at work are changing. From 30 October 2026, the Employment Rights Act 2025 will strengthen employers’ responsibilities in two important areas: preventing sexual harassment and protecting employees from harassment by third parties.
For VCSE organisations with employees, now is a good time to review your policies, procedures and workplace practices.
Preventing Sexual Harassment: ‘All Reasonable Steps’
Since October 2024, employers have had a legal duty to take reasonable steps to prevent sexual harassment at work. From 30 October 2026, this becomes a duty to take all reasonable steps.
What is reasonable will depend on factors such as the size of your organisation, the sector you work in and the nature of your employees’ work. Acas advises that employers should focus on preventing sexual harassment rather than simply responding when an incident occurs, with measures applying across the organisation.
Further regulations are expected to set out more detail about what constitutes ‘all reasonable steps’. In the meantime, employers should make sure they are actively identifying risks and taking appropriate preventative action.
Read more on the Acas website: Sexual harassment – Harassment law changes – Acas
Protecting Staff From Third-Party Harassment
Another important change relates to harassment by third parties.
From 30 October 2026, employers could be liable if an employee is harassed by someone they come into contact with through their work and the employer has failed to take all reasonable steps to prevent it.
For VCSE organisations, third parties could include:
- Service users
- Clients or customers
- Contractors and consultants
- Suppliers
- People attending events
- Members of the public
The protection applies to harassment related to protected characteristics including age, disability, gender reassignment, race, religion or belief, sex and sexual orientation
This means organisations need to think beyond relationships between employees and consider where staff may be at risk when interacting with people outside the organisation.
Read more on the Acas website: Third party harassment – Harassment law changes – Acas
What Should VCSE Employers Do Now?
Organisations can start preparing by:
- Reviewing harassment policies and making sure they reflect the organisation and the situations employees may encounter.
- Assessing potential risks, including situations where employees interact with service users, clients, contractors and members of the public.
- Training staff and managers so they understand expected standards of behaviour, how to report concerns and how concerns should be handled.
- Reviewing reporting and complaints procedures to ensure employees know where to go if something happens.
- Setting clear expectations with third parties, where appropriate, so acceptable standards of behaviour are understood.
Acas also recommends regularly assessing third-party harassment risks, monitoring incidents and reviewing relevant policies and arrangements.
The exact steps required will vary between organisations, but the important point is to be proactive rather than waiting for an incident to occur.
Need Governance Support?
If your organisation would like to discuss these changes or needs support reviewing its policies and procedures, contact VODA’s Core Services Team. Telephone 0191 323 2040 or Email development@voda.org.uk.
