The Employment Rights Act: A Step Change in Workplace Health and Safety Duties
The health and safety landscape continues to evolve at pace. Regulatory reform, societal expectations, and emerging risks are reshaping how organisations manage people and operations. Businesses that anticipate these developments, particularly in areas such as mental health, climate resilience, and digital technology, will be better positioned to remain compliant, safeguard their workforce, and strengthen organisational resilience.
One of the most significant drivers of change as we move into 2026 is the transformation of employment law and its direct impact on health, safety, and wellbeing. Its implications for health and safety management are far-reaching and will require early, structured action from employers.
From October 2026, employers will be subject to strengthened duties in relation to harassment prevention. The legal threshold will shift from taking “reasonable steps” to taking “all reasonable steps” to prevent sexual harassment. While subtle in wording, this change materially raises expectations around demonstrable prevention.
In practice, organisations will need to evidence a proactive and systematic approach. This will include robust risk assessments that explicitly consider harassment risks, comprehensive and role-specific training programmes, and clear, accessible reporting and investigation mechanisms. Documentation and audit trails will be critical in demonstrating compliance.
A further development is the reintroduction of liability for third-party harassment. Employers will once again be responsible for harassment of employees by customers, clients, suppliers, and other visitors. For public-facing sectors such as retail, hospitality, healthcare, and facilities management, this represents a notable shift in risk exposure.
These organisations will need to reassess customer-facing activities, review lone working arrangements, and implement practical control measures to protect staff. This may include environmental controls, revised escalation procedures, staff training, and clearer contractual expectations with third parties.
Additional changes will also place increased demands on EHS teams. From April 2026, statutory sick pay will apply from day one of employment, which may lead to increased reporting of minor illnesses and injuries. Enhanced whistleblowing protections, also effective from April 2026, will extend to individuals reporting harassment, reinforcing the need for fair, confidential, and well-managed reporting processes.
Action Points: Organisations should begin preparations now. Reviewing harassment policies, incident reporting arrangements, and lone worker protections well in advance of October 2026 will be essential. Attention should be given to how third-party interactions introduce risk and whether existing controls remain sufficient.
Early action will not only support legal compliance but also demonstrate a clear commitment to workforce wellbeing and good governance, both of which are increasingly scrutinised by regulators, employees, and clients alike.