An AOP explainer on... changes in employment law

Employers have increased obligations to protect their employees from harassment as part of legislative changes introduced by the Employment Rights Act 2025.

Since 6 April 2026, reporting sexual harassment explicitly falls within the scope of whistleblower protection.

This means workers are protected from detriment where they make a complaint that sexual harassment has occurred, is occurring, or is likely to occur at work.

Further legislative developments will take effect in October and will see significant changes in protection from harassment.

From October 2026, the Equality Act 2010 provisions in relation to sexual harassment will be strengthened so that employers will have to take “all reasonable steps” to prevent sexual harassment at work.

Employers can already be liable for harassment of staff by colleagues. Protection from harassment will extend to the introduction of third-party harassment, which means that employers can now be liable for harassment of their employees by patients, contractors and visitors.

This is a very significant change which applies to all types of harassment under the Equality Act 2010.

Steps for employers

From October 2026, employers can be held liable for harassment of their staff by patients and others – unless they have taken all reasonable steps to prevent any harassment.

The AOP is encouraging employers to act now and regularly look at policies and working practices to check they do not create or encourage unfair discrimination or bias.

As a minimum employers should consider implementing the following measures:

• Be familiar with the law and guidance
• Think inclusively when devising policies and procedures to make sure they are practical and cater appropriately for the needs and preferences of a diverse workforce
• Make it clear that any kind of discrimination will be dealt with as a disciplinary matter and that serious cases of deliberate discrimination may amount to gross misconduct, resulting in dismissal
• Provide training to ensure people understand what equality and race and diversity are. Ensure that all managers, and preferably all staff, have regular training in their obligations under the Equality Act 2010
• Do not pander to patients who seek to discriminate against staff, for instance, by expressing a preference to see an optometrist of a certain ethnicity or gender
• Consider ways of taking preventative action, such as having posters in waiting areas to make clear to patients that harassment of staff won’t be tolerated
• Make clear to your staff that if they raise a complaint, they will be taken seriously and supported.

The AOP has posters available to employers which make it clear that, as equal opportunity employers, they support the rights of staff not to be discriminated against or harassed at work.

Information for employees

As potential recipients of harassment, employees should make clear to those concerned, or to management, that they do not accept treatment of this type.

Employees should:

• Keep a record of what occurred and when
• Check whether your employer has policies in this regard and whether there is a designated person to contact about these issues
• If an informal discussion with your employer does not resolve the issue, raise a grievance within a reasonable time and preferably with a manager who is not the subject of the grievance.

Members can also contact the AOP’s employment law team for confidential advice on their options. We can look over any grievance for members, suggest amendments, and provide a companion for any meeting.

The AOP is committed to supporting our employer members to create safe working environments where employees are protected from discrimination, and to supporting our employee members if they are subject to abuse, harassment, or discrimination.

The AOP employment law team can be contacted by email.