Editor's note: This brief was summarised by The Property AI Newsroom from a report by The Negotiator. Read the original article for full details.

Key Harassment Law Changes for Letting Agents Confirmed

The Employment Rights Act 2025 has received Royal Assent, confirming new legal duties for UK estate and letting agents regarding workplace harassment. The government has set out a clear timetable for these changes, with significant implications for agency staff and employers.

The Act received Royal Assent on 18 December 2025. The government has now confirmed that from October 2026, the duty for employers to prevent sexual harassment will increase from taking "reasonable steps" to "all reasonable steps." Additionally, employer liability for harassment of staff by clients, contractors, or members of the public will be reintroduced for the first time since 2013.

Unlike the previous "three strikes" rule, which required two prior incidents before liability applied, the new duty will apply from the first incident, with no threshold. The government has indicated that expectations will be based on what employers can realistically control, but this does not reduce agents' exposure. Public-facing roles such as viewings, valuations, and key handovers are highlighted as specific risk factors in legal commentary on these reforms.

A recent tribunal case, Campbell v Sheffield Teaching Hospitals NHS Foundation Trust and Hammond [2025] EAT 42, illustrated how tribunals assess the "all reasonable steps" defence. In this case, the employer's documented induction training, annual reviews, workplace posters, and regular equality and diversity training were key factors in the dismissal of a race harassment claim. Although this case predates the new law, it signals that tribunals expect documented, recent, and repeated action from employers—a standard that will only rise once the new duty is in force.

From October 2026, agencies will be liable for harassment of staff by landlords, tenants, buyers, or contractors unless they can show they took all reasonable steps to prevent it. Defences such as "we didn’t know" or "it happened off-site" will not be sufficient. Evidence such as documented risk assessments, recent and repeated training, and a reporting channel that staff will actually use will be important. The article notes that an independent, confidential reporting channel is one of the clearest ways to demonstrate compliance with the new standard.

Additionally, from 6 April 2026, disclosures relating to sexual harassment now explicitly qualify as protected disclosures under whistleblowing law.