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

Why It Matters

The new ERA standards will expose employers to tribunal liability and damages, as demonstrated by the Lidl case, making inadequate training an ineffective defence.

Key Takeaways

• 12% of employers lack sexual harassment training.
• Only 5% rate training as excellent.
• 39% confident in whistleblowing procedures.
• 45% plan bystander training, but few implement.
• New ERA duties start April and October 2026.

Pulse Analysis

The UK’s Employment Rights Act is undergoing its most significant overhaul in decades, with two pivotal dates slated for 2026. From 6 April, any employee who raises a sexual‑harassment concern will be treated as a protected whistleblower, shielding them from detriment. A second, more demanding requirement arrives in October, obligating employers to take ‘all reasonable steps’ to prevent harassment, extending liability to third‑party actors such as customers or contractors. These provisions signal a shift from reactive grievance handling to proactive risk management, forcing organisations to reassess compliance frameworks and training programmes.

The March VinciWorks poll of 464 HR leaders underscores a stark disconnect between ambition and execution. Although 81% intend to boost prevention efforts, only 5% rate their current training as excellent and 12% admit they provide no training at all. Confidence in whistleblowing mechanisms is equally weak—just 5% feel fully assured, while a quarter lack confidence entirely. Tribunal precedent, notably the Lidl case that resulted in roughly $63,500 in damages and a binding remediation agreement, demonstrates that sub‑par training offers no defence under the new “all reasonable steps” standard.

To navigate the looming obligations, employers should prioritise comprehensive, documented training that integrates both harassment prevention and whistleblowing pathways. Implementing bystander‑intervention modules—currently desired by 45% of respondents but adopted by only 9%—can reinforce a culture of early intervention and mitigate third‑party liability. Regular audits, scenario‑based e‑learning, and clear reporting channels will not only satisfy the ERA’s legal thresholds but also protect brand reputation and employee morale. Proactive investment now can avert costly tribunal exposure and align organisations with evolving UK workplace standards.