One of the many changes that will be brought about by the Employment Rights Act 2025 is the duty for employers to take all reasonable steps to prevent not only sexual harassment, but also third-party harassment of their employees, in relation to all relevant protected characteristics contained in the Equality Act 2010.
These new obligations are planned to come into force in October 2026, however the latest timetable from government only sees them clarifying what will constitute ‘all reasonable steps’ in 2027.
From a preventing sexual harassment perspective, it is essential for schools to ensure that as a minimum:
- Sexual harassment and EDI policies are updated, and employees and managers are trained on them
- A ‘relationships at work’ policy is implemented
- Risk assessments are carried out frequently to cover working arrangements and specific events (for example, the Christmas party)
- Reporting mechanisms are communicated to staff
The reintroduction of employer liability for third party harassment will also have impacts on schools. If staff frequently come into contact with third parties (parents, contractors and even pupils), the duty to take all reasonable steps will need to be considered and risk assessed. The government has indicated that the expectations for preventing third party harassment will be lower, but we shall need to see what this looks like in practice.
As a very minimum and in anticipation of this change, schools should consider how they can communicate with third parties about expectations when dealing with their staff.
For further guidance on this, or any other concern over meeting your obligations under the Employment Rights Act 2025, please contact Ruth Rule-Mullen.
Forbes Solicitors
