Equality, Diversity and Inclusion (EDI) in the UK is in a period of rapid legal and cultural change. Since late 2024, employers have faced a new proactive duty to prevent sexual harassment, flexible working rights have expanded and a new statutory entitlement to unpaid carer’s leave was introduced. In 2026, we continue to see further changes relating to the perception of EDI both on a national scale and within the legislation working its way through the tribunal system.

Tribunals and courts have clarified how far protected beliefs can be expressed inside and outside the workplace, attempted to define what “reasonable steps” and “reasonable adjustments” mean in practice, and how employers should respond to the increasing number of neurodiversity and menopause‑related claims.

In this three part series of blogs we are going to take a look into some of the main themes relating to EDI that are affecting businesses and where considerations can be made to ensure that you don’t end up in a costly legal scenario.

1) Sexual Harassment: A New Era 

What Changed

• From 26th October 2024, employers must take reasonable steps to prevent sexual harassment of workers, including by third parties.

Why It Matters

• The duty flips the emphasis from reacting to incidents to preventing them.
• Technical guidance sets expectations around risk assessment, training, policy, reporting routes, and monitoring.
• Tribunal remedies can be uplifted where employers fail to take reasonable steps.

Action List

• Complete and document a harassment risk assessment
• Update policy frameworks (harassment, grievance, safeguarding and whistleblowing) and supplier and subcontractor clauses or contracts
• Implement regular, tailored training

NOTE: As part of the Employment Rights Bill (Yes, we talk about this a lot) there are expectations, subject to further consultation, that the wording may change from employers taking ‘reasonable’ steps to ‘all reasonable steps’. The current stance as of February 2026 is that this change will occur in October 2026.

2) Belief, Expression And The Influence Of Social Media

There has been a run of high‑profile cases about religion or belief under the Equality Act 2010, especially around gender identity and how those beliefs are expressed, particularly on social media.

Key Takeaways From Recent Decisions

• Gender‑critical beliefs can be protected but protection for a belief does not excuse harassment of others. Tribunals will separate holding a belief from the manner of expression.
• If engaging in disciplinary action, employers need to demonstrate a legitimate aim (e.g. safeguarding or preventing harassment) and the action must be proportionate. Blanket “reputational damage” arguments with no evidence are increasingly risky.
• The context of the incident matters. Privacy settings, seniority, tone, whether posts target colleagues or create a hostile environment, prior warnings, and consistency of enforcement all need to be considered as part of the decision making process.

What To Do Now

• Look at refreshing your social media policy to address expression of views outside of the workplace, i.e. online and on social media.
• Train managers on the distinction between belief and harassment.

NOTE: The case Higgs v Farmor’s School gives more insight into this area. This case involves views on Gender and Sexuality and whether the views expressed by an employee on Social Media gave reasonable cause to dismiss.

More to come in Part 2…