Nearly One in Eight Employers Does Not Provide Sexual Harassment Training, as Key Employment Rights Act Deadline Arrives

Why It Matters

Employers face imminent legal exposure if they fail to meet the ERA’s expanded duties, making robust training and whistleblowing mechanisms essential for compliance and risk mitigation.

Key Takeaways

• 12% of employers lack any sexual‑harassment training.
• New ERA rules require "all reasonable steps" by October 2026.
• Whistleblowing confidence low; only 5% fully confident.
• Bystander training desired by 45% but rarely implemented.
• Tribunals now reject inadequate training as defence.

Pulse Analysis

The UK’s Employment Rights Act is undergoing a pivotal shift, redefining sexual‑harassment disclosures as protected whistleblowing from early April 2026. This change forces organisations to reassess their grievance channels, ensuring that complaints routed through HR or separate whistleblowing systems are treated uniformly. The upcoming "all reasonable steps" standard in October raises the compliance bar, demanding proactive policies, documented training, and demonstrable preventive measures, especially as third‑party harassment liability expands to customers and contractors.

HR leaders are confronting a stark disparity between intent and execution. While 81% plan to boost prevention efforts, only a minority rate current training as excellent, and 12% still offer none. Recent tribunal outcomes, such as the Lidl case that resulted in a £50,000 (≈$63,500) award, illustrate that courts will no longer accept token or outdated programs as a defence. Consequently, organisations must invest in comprehensive, up‑to‑date e‑learning modules, regular refresher sessions, and measurable outcomes to satisfy the "all reasonable steps" test and avoid costly litigation.

Strategically, integrating bystander‑intervention training can bridge cultural gaps and reinforce a zero‑tolerance stance. Although 45% of respondents express interest, only 9% have operationalised it, highlighting an actionable opportunity. Leveraging compliance technology platforms to track training completion, capture whistleblowing metrics, and generate audit trails will provide the evidence tribunals demand. Proactive alignment of HR, legal, and risk functions now will not only safeguard against penalties but also foster a safer workplace, enhancing employee trust and brand reputation.