Employer confidence on harassment readiness outpaces practical preparation, Irwin Mitchell survey finds  

A new Irwin Mitchell survey of HR directors across more than 100 UK businesses suggests many employers may be overestimating how prepared they are for the tightening of workplace harassment law due to come into force in 100 days’ time.

While 52% of respondents said they were confident their organisation was ready for the new rules, the detail points to a more mixed picture.

Although 65% said they had identified where the key risks of third-party harassment exist within their business, only 4% said they had fully reviewed and updated their risk assessment in light of the incoming changes. A further 48% said this work was still in progress, while the same proportion said it had not yet started.

The findings suggest that, while many employers are aware of where risks may arise, far fewer have completed the practical compliance work needed ahead of a significant change in the law.

Since 26 October 2024, employers have already been under a duty to take reasonable steps to prevent sexual harassment of workers. From October 2026, that duty is due to tighten so employers must take all reasonable steps to prevent workplace sexual harassment, with wider third-party harassment liability also due to come into force.

The reforms raise the bar for employers and increase the importance of effective risk assessments, up-to-date policies, staff training, trusted reporting routes and practical steps to address risks involving customers, clients and other third parties. Employers are expected to take a proactive approach to prevention rather than wait until an incident occurs.

Under the current regime, if a worker succeeds in a sexual harassment claim, an employment tribunal can consider whether the employer breached the preventative duty and may increase compensation by up to 25%. The EHRC also has enforcement powers in relation to failures to take reasonable preventative steps.

Elaine Huttley, Head of Employment at Irwin Mitchell, said:

 

“On the face of it, these results suggest a degree of confidence among employers. Many appear to have started thinking seriously about where the risks sit, including around third-party harassment. But the fact that only a very small proportion have fully updated their risk assessment shows that, for many, the practical work is still not complete.

 

“With 100 days to go, employers should not assume that identifying risks alone will be enough. The October 2026 changes will raise the bar. Businesses will need to show they have taken a much more thorough and practical approach to prevention, from reviewing policies and training to making sure reporting routes work in practice and risks involving customers, clients and other third parties are properly addressed.”

Irwin Mitchell said the findings should act as a warning to employers that confidence alone will not be enough once the tighter legal standard takes effect. Businesses that have not yet updated their risk assessments, refreshed policies and training, or assessed third-party exposure may need to move quickly over the next 100 days to avoid being caught out.

The survey was carried out on 23 June 2026 at an Irwin Mitchell event attended by senior HR professionals from more than 100 UK businesses.