Employment Law Coffee Break: Employment law reforms update, constructive knowledge of disability, and data protection complaints

Employment law reforms update: taking steps to prevent workplace harassment

In our last Coffee Break we looked at the latest October 2026 and January 2027 changes coming into force under the Employment Rights Act 2025, including the introduction of third party harassment protection and the strengthening of the sexual harassment preventative duty by placing an obligation on an employer to take "all reasonable steps".

The Equality and Human Rights Commission (EHRC) published a rapid evidence review on harassment in the workplace on 25 June 2025. It provides helpful practical insights for employers preparing for the October reforms.

The research confirms that despite high levels of reported workplace harassment, particularly across the financial and hospitality sectors, the true scale of the problem is likely to be considerably higher. Low reporting rates may not indicate an absence of harassment, but rather a workplace in which employees feel unable to report due to fear of retaliation from coworkers or their employer.

Hierarchical structures, male-dominated workforces and precarious job contracts are identified as key risk factors. The research also notes that sexual harassment disproportionately affects women, those reporting a disability, young people and ethnic minorities.

The research identifies a range of interventions, with a clear message that no single measure is sufficient on its own. It highlights that policies are more effective when implemented consistently, reviewed regularly and accompanied by clear communication and training, and that training is effective where it is timely, repeated and tailored to the specific causes of harassment in the organisation.

General, standardised, one-off training cannot drive sustained behavioural change. Behaviour-based, interactive training using real scenarios has been found to improve engagement and bystander training is highlighted as a particularly effective approach. With poor supervisory relationships found to significantly increase the risk of harassment, behaviour-based training should be provided to senior leaders who set the tone on what is tolerated and to middle managers who are equally critical in this respect. Organisations should offer multiple reporting routes, including anonymous, external and digital options, to give employees genuine flexibility.

What does this mean for employers?

The research provides a timely, evidence-based framework for employers to strengthen their approach to harassment. Practical steps include collecting and using data to understand the drivers of harassment to identify interventions; reviewing policies and reporting systems to ensure consistency and accountability; investing in targeted interactive scenario-based training tailored for different groups; and embedding anti-harassment goals into governance through performance management targets and professional development for leaders, including through accreditation schemes that require leaders to meet anti-harassment goals. 

The study cautions employers against treating anti-harassment measures as a compliance exercise where a "tick-box mentality" prioritises the presence of interventions over their actual impact.

Osborne Clarke is supporting clients in ensuring that they are prepared for the forthcoming reforms and working closely with our health and safety team to help employers understand the risks in their workplace and appropriate intervention, as well as workplace training for staff, managers and HR and senior executives to ensure that everyone understands their ongoing legal obligations and to support a safe and inclusive workplace culture. Please speak to your usual Osborne Clarke contact about how we can support you.

Employer knew, or ought to have known, employee was disabled

A television announcer with type 2 diabetes brought claims against her employer for discrimination arising from a disability and failure to make reasonable adjustments after it disciplined her for a broadcast error made during a late shift, a shift pattern occupational health had advised against. 

The Employment Appeal Tribunal found the employer had constructive knowledge of her disability at the relevant time, and that the tribunal had failed to properly consider whether removing her from late shifts pending further medical advice would have been a reasonable adjustment.

Employers do not need to be in receipt of a formal diagnosis from an employee or explicit medical confirmation to have knowledge of disability.

In this case, the employer was aware of an impairment (diabetes) and of its impact (persistent fatigue), and had received occupational health advice referencing reasonable adjustments. This had put the employer on notice of the employee's disability: it should not have waited for a definitive medical label of disability before acting.

What does this mean in practice?

The employer had received advice expressly cautioning against late shifts yet retained one in her rota. Employers receiving information from an occupational health provider that signals a potential disability, should treat that as a prompt to act, not a reason to wait for more explicit confirmation. 

Where there is uncertainty about an employee's condition, employers should consider what interim adjustments can be made while awaiting further advice. In this case, temporarily removing the employee from the problematic shift whilst seeking clarification may well have been a reasonable adjustment in itself. Doing nothing is rarely a safe option.

Employers should also be cautious about taking disciplinary action where the conduct or performance in question may be linked to a known or suspected disability. Before proceeding, employers should always consider whether adjustments should first be made or revisited. The duty to make reasonable adjustments is a continuing one, and partial measures may not be enough to discharge it.

In practical terms, managers should be trained to recognise when occupational health language signals a possible disability even if not stated explicitly, establish a clear process for interim adjustments where medical advice is pending, and document all steps taken so a reasonable and timely response can be established.

New data protection complaints regime and our latest GDPR for HR Coffee Break

A new statutory data protection complaints obligation on data controllers is now in force, meaning that employers are now required to:

• give individuals a clear route for raising data protection complaints directly with the organisation;
• acknowledge receipt of those complaints within 30 days of receiving them;
• without undue delay, investigate and progress complaints appropriately, keeping complainants updated along the way; and
• without undue delay, notify complainants of the outcome once a decision has been reached.

ICO guidance has confirmed that organisations have discretion over the specific complaints mechanism they use, and that existing complaints processes can be utilised.

Examples of complaint mechanisms in the guidance include an email address and a dedicated complaint form. Employers may wish to consider establishing a dedicated complaints inbox with an automated acknowledgement as a straightforward way to satisfy the 30-day acknowledgement requirement.

Beyond the complaints channel, employers should also:

• Ensure that their Staff Privacy Notice is up to date and informs employees of their right to make data protection complaints internally.
• Review their data subject access request (DSAR) response letter templates to ensure they signpost employees to the internal complaints route.
• Ensure relevant staff can recognise a data protection complaint however it arrives. Such complaints do not need to be made via a formal channel to engage the new obligations, so it is important that staff are able to recognise them when they arise.

Please get in touch with your usual Osborne Clarke contact or a member of the GDPR for HR team if you would like support reviewing your privacy notices or DSAR templates, and read our latest GDPR for HR Coffee Break.