What To Expect In Equity, Diversity, And Inclusion In 2026

What to Expect in Equity, Diversity, and Inclusion in 2026

Transforming Workplace Culture Through Evidence, Accountability, and New Legal Duties

As we move into 2026, equity, diversity, and inclusion (EDI) continue to shape the business landscape, influencing everything from employee engagement to regulatory compliance. EDI initiative are core compliance obligations that shape organisational culture, employee experience, and legal risk.

UK employers face a rapidly changing landscape driven by new legislation, evolving case law, and heightened scrutiny from regulators such as the Equality and Human Rights Commission (EHRC), ACAS, and the new Fair Work Agency (expected to be created under the Employment Rights Bill).

The emphasis on equity, diversity, and inclusion training has never been greater, with organisations realising the critical importance of fostering an inclusive workplace culture to drive innovation and performance.

From legislative updates to shifting societal expectations, here’s what UK businesses can expect in the evolving EDI space and how they can prepare for the challenges and opportunities ahead in 2026.

1. Strengthened Legal Duties: Worker Protection Act and Employment Rights Bill

The Worker Protection Act 2023 (Amendment of Equality Act 2010) came into force in October 2024, creating a new proactive duty for employers to take “reasonable steps” to prevent sexual harassment. Equality and Human Rights Commission (EHRC) has confirmed that it will enforce this duty, including through investigations and legally binding action plans.

Meanwhile, the Employment Rights Bill – progressing through Parliament into 2026 – is expected to introduce:

  • Stronger enforcement powers through a new Fair Work Agency.

  • Restrictions on confidentiality clauses (NDAs) covering harassment and discrimination.

  • Expanded rights around flexible working, carer’s leave, and pregnancy protections.

  • Clearer duties around third-party harassment, expected to be reintroduced after being repealed in 2013.

Together, these changes signal a decisive shift from relying on policy statements to requiring proof of active prevention.

How employers should prepare

  • Conduct a sexual harassment risk assessment (per EHRC guidance, 2024).

  • Update policies to reflect the new “reasonable steps” duty.

  • Review NDAs to ensure compliance with anticipated ERA restrictions.

  • Prepare for external oversight by the Fair Work Agency.

2. Evidence-Based EDI: The Shift From Promises to Proof

Regulators, employees, and investors increasingly expect tangible EDI outcomes, not rhetoric. In 2025, ACAS and the CIPD both emphasised that organisations must demonstrate measurable progress, not simply publish commitments.

In 2026, employers should expect:

  • More tribunal scrutiny of whether training is effective and up to date.

  • Greater expectations around data transparency – including workforce demographics, pay gaps, retention gaps, and progression gaps.

  • Growth of voluntary EDI reporting, especially among large employers seeking ESG alignment.

How to prepare

  • Introduce dashboards tracking representation and progression.

  • Collect and act on anonymous EDI survey data.

  • Publish internal progress updates to demonstrate accountability.

3. Supporting Trans Inclusion While Respecting Diverse Beliefs

Since the landmark ruling Forstater v CGD Europe (EAT, 2021) confirmed that gender-critical beliefs are protected under the Equality Act 2010. At the same time, gender reassignment is also a protected characteristic, meaning organisations must thoughtfully uphold the rights of all employees.

2025 saw multiple high-profile disputes escalate into tribunal litigation, prompting ACAS to issue updated guidance on supporting trans employees. The recent ACAS guidance reinforces the importance of supporting trans staff while balancing legal protections for other beliefs (ACAS, 2025).

Key considerations for 2026:

  • Continued attention to inclusive policies that protect trans employees.

  • Ensuring organisational practices do not unintentionally disadvantage any protected group.

  • Emphasising dignity, respect, and proportionality when navigating complex situations.

How to prepare:

  • Review policy language to ensure it is neutral, inclusive, and compliant with the Equality Act.

  • Provide leadership and staff training focused on empathy, respect, and inclusive communication.

  • Equip managers to handle sensitive conversations with care, reinforcing organisational values.

  • Publish a clear organisational statement affirming respect, dignity, and inclusion for all employees.

4. Menopause as a Workplace Priority

Following Government and Women’s Health Strategy recommendations, menopause support remains a top priority for 2026. Recent tribunal cases have shown menopause-related symptoms may fall under disability protections (Equality Act 2010, s.6), exposing employers to risk if reasonable adjustments are not made.

Expected 2026 developments:

  • More case law recognising menopause-related impairments as disabilities.

  • Increased expectations for formal menopause policies.

  • Continued Government promotion of employer guidance.

How to prepare

5. Neurodiversity: A Compliance and Talent Imperative

With an estimated 1 in 7 adults being neurodivergent, tribunals have been increasingly critical of employers who fail to consider appropriate adjustments. Claims involving autism, ADHD, and dyslexia have grown steadily since 2022.

Regulators expect:

  • Clear processes for assessing workplace adjustments.

  • Consistency in how neurodivergent employees are supported.

  • Evidence that managers are trained in neuroinclusion.

How to prepare

  • Provide neurodiversity awareness training.

  • Introduce structured, timely adjustment pathways.

  • Review recruitment practices for accessibility (e.g., alternative assessment formats).

6. Modernising Leave Policies: Preparing for the “Life Events” Model

The movement toward more flexible, life-event-based leave policies accelerated in 2025, influenced by:

  • Improved carer’s rights under the Carer’s Leave Act 2023.

  • Growing adoption of miscarriage, bereavement, fertility and gender-transition leave.

  • Employee demand for more personalised flexibility.

In 2026, employers with rigid leave systems will risk losing talent and facing disadvantage claims under the Equality Act 2010.

How to prepare

  • Review leave policies through an equality-impact lens.

  • Consider adding life-event leave options (fertility, menopause, caring).

  • Ensure managers understand how to apply policies fairly and lawfully.

Why EDI Training Still Matters in 2026

Training remains one of the clearest indicators of whether employers meet the “reasonable steps” threshold under the Worker Protection Act. EHRC has made clear that training:

  • Must be regular,

  • Must be effective, and

  • Must be specific to the risks of the workplace.

This includes training on:

Out-of-date or generic training will not meet legal expectations.

How InfoAware Can Support Your 2026 EDI Goals

InfoAware provides affordable, modern, and engaging EDI solutions designed to help organisations meet their legal duties and build inclusive cultures. Our offerings include:

Our team has deep experience supporting organisations across housing, utilities, tech, government and more.

Get in Touch

Partner with InfoAware to strengthen your EDI strategy in 2026. You can contact us via our contact form, or email us at info@infoaware.com.

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