Sexual harassment training: how often should you train your staff?

From 30 October 2026, the Employment Rights Act 2025  changes mean employers will be required to take “all reasonable steps” to prevent sexual harassment at work.

Taking all reasonable steps can also provide an employer with a defence if it would otherwise be legally responsible for harassment carried out by an employee.

Most employers understand that sexual harassment training is important. But providing a training session once and thinking that box has been ticked, is unlikely to be enough.

When can training become “stale”?

A useful case is Allay (UK) Ltd v Gehlen. The case involved racial harassment rather than sexual harassment, but the same principle is relevant.

The employer provided equality and diversity training around two years before the harassment took place. However, the Employment Appeal Tribunal found that the training had become “stale”. The training had also been fairly brief and basic.

This does not mean that employers have to provide refresher training every two years because there is no fixed legal timetable.

Instead, employers need to consider whether their training remains effective and whether there are any other reasonable steps they should be taking to prevent harassment.

Third party harassment

From 30 October 2026, employers must also take all reasonable steps to protect staff against third party harassment under the Employment Rights Act 2025.

4 warning signs that training is needed

There may be signs that refresher training is needed. For example:

1. inappropriate jokes or “banter” are becoming common
2. managers are not challenging inappropriate behaviour
3. employees do not know how to report concerns
4. complaints or incidents suggest that employees have not understood the training.

It may also be sensible to refresh training when something significant changes within the organisation, such as rapid recruitment, new managers or different ways of working.

Managers may need additional training. They should understand what sexual harassment can look like, how to challenge inappropriate behaviour and what to do if an employee raises a concern.

Key issues for HR

• There is no simple rule about how often sexual harassment training should be repeated.
• Instead of asking “When did we last provide training?”, ask “Is our training still working?”
• If the answer is no, or there are warning signs that standards are slipping, it may be time for a refresher.

Further reading

• Workplace sexual harassment and third party harassment – www.business.gov.uk
• It’s time to learn the legal definition of harassment – Hunter Law
• Workplace harassment intent – Hunter Law
• Not harassment if you participate in the banter – Hunter Law
• Discrimination – Your rights – www.gov.uk

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