Sexual harassment training: When does training become ‘stale’?

Most employers understand that sexual harassment training is important. But providing training once and then forgetting about it is unlikely to be enough.

The more useful question for HR is: is our training still effective?

This is particularly important because, from 30 October 2026, employers will be required to take “all reasonable steps” to prevent sexual harassment at work.

Taking all reasonable steps can also provide an employer with a defence where it would otherwise be legally responsible for harassment carried out by an employee or, from October 2026, a third party.

So, simply being able to show that employees received some training in the past may not be enough.

When can training become “stale”?

A useful case is Allay (UK) Ltd v Gehlen. The case involved racial harassment rather than sexual harassment, but the same principle is relevant.

The employer had provided equality and diversity training around two years before the harassment took place. However, the Employment Appeal Tribunal found that the training had become “stale”. The training had also been fairly brief and basic.

This does not mean that employers have to provide refresher training every two years. There is no fixed legal timetable.

Instead, employers need to consider whether their training remains effective and whether there are any other reasonable steps they should be taking to prevent harassment.

Watch out for warning signs

There may be signs that refresher training is needed. For example:

• inappropriate jokes or “banter” are becoming common;
• managers are not challenging inappropriate behaviour;
• employees do not know how to report concerns; or
• complaints or incidents suggest that employees have not understood the training.

It may also be sensible to refresh training when something significant changes within the organisation, such as rapid recruitment, new managers or different ways of working.

Managers may need additional training. They should understand what sexual harassment can look like, how to challenge inappropriate behaviour and what to do if an employee raises a concern.

What should HR take from this?

There is no simple rule about how often sexual harassment training should be repeated.

Instead of asking “When did we last provide training?”, HR should be asking “Is our training still working?”

If the answer is no, or there are warning signs that standards are slipping, it may be time for a refresher.

About Jon Dunkley

Jon Dunkley is a Partner at Wollens and heads up the firm’s Regulatory Department. Based at our North Devon office, Jon is a highly experienced solicitor with a broad commercial and regulatory practice, supporting businesses, professionals and senior employees across a wide range of legal issues.

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