Protection from Sex-based Harassment in Public Act 2023 (Commencement) Regulations 2026: what it means for UK health and safety law and your business

Protection from Sex-based Harassment in Public Act 2023 (Commencement) Regulations 2026: what it means for UK health and safety law and your business

What has changed

The 2026 Regulations bring into force the provisions of the Protection from Sex-based Harassment in Public Act 2023. They enact measures designed to address sex‑based harassment in public spaces, aligning public safety obligations with expectations on respectful conduct in line with UK health and safety law. The change affects how organisations manage interactions between staff, customers and the public in work or work‑related settings.

Who is affected

The update applies to organisations where staff interact with the public or service users in work or work‑related activities. Typical duty holders include employers, line managers and supervisors, and organisations with customer facing operations such as retail, hospitality, transport, and public services. It also has implications for contractors and agency workers deployed in public facing roles.

Key duties for employers and practical steps to achieve compliance

To respond effectively you should translate the changes into your governance and risk controls. Consider the following actions aligned with regulatory compliance and health and safety management:

  • Review existing policies and codes of conduct to ensure they reflect the new requirements
  • Update risk assessments to identify harassment risks in public and customer facing interactions
  • Revise reporting and investigation procedures; train managers to handle harassment disclosures with confidentiality and support for victims
  • Assess contractor and supplier arrangements to ensure they adopt equivalent standards
  • Integrate the changes into your health and safety management system, for example ISO 45001, and establish clear governance oversight
  • Deliver targeted training and clear communication to staff; involve workers in developing practical controls

Enforcement and safeguarding your governance framework

Enforcement expectations are likely to rise as the 2023 Act becomes fully in force. Organisations should demonstrate proactive governance, robust controls and effective monitoring to evidence compliance. Where appropriate you may engage specialists for support with risk assessment and management system improvements such as ISO 45001 occupational health and safety management, health and safety risk assessments and Competent Person support. For ongoing guidance and implementation, health and safety support packages offer practical assistance.

In summary, this change strengthens protections against sex‑based harassment in public spaces and signals heightened expectations for organisations to prevent and respond to harassment in work related settings. The updates should be reflected in governance, risk management and day‑to‑day safety practices to protect staff and customers and safeguard your organisation’s operations.

Ultimately this change reinforces the importance of timely compliance and proactive planning to maintain safe and respectful workplaces in accordance with UK health and safety law.

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Adam Cooke
As the Operations and Compliance Manager, Adam oversees all aspects of the business, ensuring operational efficiency and regulatory compliance. Committed to high standards, he ensures everyone is heard and supported. With a strong background in the railway industry, Adam values rigorous standards and safety. Outside of work, he enjoys dog walking, gardening, and exploring new places and cuisines.
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