The law that protect people against sexual harassment is the Equality Act 2010. As an employer, NHS Grampian has a legal duty to protect employees from sexual harassment (EA 2010, Section 40).

From 26 October 2024, the new duty Worker Protection (Amendment of Equality Act 2010) Act 2023 requires employers to take “reasonable steps” to prevent sexual harassment and create a safe working environment.

From 30 October 2026, the Employment Rights Act 2025 strengthens protections from harassment. Employers must take “all reasonable steps” to prevent sexual harassment and not permit the harassment of their employees by third parties. The third party harassment covers all types of harassment under the Equality Act 2010, including sexual harassment and harassment related to protected characteristic apart from pregnancy and maternity, and marriage and civil partnership. It also expands whistleblowing protection to disclosures of sexual harassment from 6 April 2026.

What is the preventative duty on employers to prevent sexual harassment of workers?

The preventative duty is an anticipatory duty. It is designed to transform workplace cultures by requiring employers to take positive and proactive reasonable steps to prevent sexual harassment of their workers.

The duty requires NHS Grampian to:

• Anticipate scenarios when its workers may be subject to sexual harassment
• Take action to prevent such harassment taking place

What is third-party harassment liability and whistleblowing protection?

Employers will be legally responsible for harassment of employees by third parties such as patients, relatives, visitors, public, contractors or others they meet at work.

Any disclosure relating to sexual harassment becomes a “protected disclosure,” giving employees full whistleblowing protection.

Published: 04/11/2026 15:34