HR confidence over sexual harassment compliance outpaces evidence

Nine in 10 HR leaders believe their organisation could demonstrate it has taken “all reasonable steps” to prevent workplace sexual harassment, but new research suggests many lack the evidence needed to support that confidence ahead of significant legal changes this autumn.

Research from workplace culture and compliance platform, Culture Shift, based on a survey of 300 senior UK HR professionals, found that 91 per cent are confident they could demonstrate compliance if challenged today. However, far fewer reported having the documented processes, governance and reporting mechanisms needed to provide audit-ready evidence.

The findings come ahead of the next phase of the Employment Rights Act, due to take effect in October 2026, which will require employers to take “all reasonable steps” to prevent sexual harassment. The legislation will also introduce stronger protections against third-party harassment, meaning employers could be held liable where employees are harassed by clients, customers, contractors or suppliers if sufficient preventative measures are not in place.

Despite widespread confidence, only half of HR leaders surveyed said they could evidence that employees have clear reporting processes, while the same proportion could demonstrate records of action taken following reports.

Evidence of wider governance was less common still. Just 41 per cent said they could evidence monitoring repeat incidents or patterns of behaviour, while only 39 per cent regularly shared reporting data with boards or senior leadership teams.

Meanwhile, only 38 per cent said they could demonstrate thorough sexual harassment risk assessments, while just one-third reported having measures in place to prevent retaliation against employees who raise concerns.

The research also found that 87 per cent of HR leaders believe their organisation is exposed to some degree of risk arising from workplace misconduct, with one in five describing that risk as high.

Gemma McCall, co-founder and CEO of Culture Shift, said organisations need to move beyond confidence and ensure they can evidence the steps they are taking.

“While most HRs understand the importance of getting this right there’s currently a sizable gap between confidence and having audit-ready evidence. As regulatory expectations around harassment continue to evolve, organisations need to be able to not only talk about what they’re doing to prevent harassment, but also tangibly evidence it.

“The confidence employers express about their compliance readiness sits in contrast to what’s happening in the employment tribunal system. Latest Government data shows that single claim receipts rose 55 per cent year-on-year in the first quarter of 2026, with more than half a million tribunal cases now open: the highest level ever recorded. The gap between employer confidence and capability is precisely where tribunal risk lives – and it’s often the run-up to tribunal, not the hearing itself, where employers really take the financial hit. With employment tribunals able to increase compensation awards by up to 25 per cent where the preventative duty has not been met, it’s crucial that employers get this right.”

The report also identified a disconnect between employers’ perceptions of workplace culture and employees’ lived experiences.

While nine in 10 HR professionals believe employees feel safe to report bullying or harassment, separate research commissioned by Culture Shift among more than 1,000 UK employees found that almost 60 per cent of those who had experienced bullying or harassment chose not to report it. More than one-quarter said they had experienced sexual harassment at work.

The findings highlight that compliance is increasingly about evidence rather than intent. As employers prepare for October’s strengthened legal duties, policies alone may no longer be sufficient. Organisations will need to demonstrate they have identified risks, trained managers, monitored trends, acted on concerns and created psychologically safe reporting processes.

As workplace culture continues to come under greater regulatory and public scrutiny, employers that can evidence prevention, early intervention and continuous monitoring are likely to be in a stronger position than those relying on confidence alone.