Employers Face Rising Duty to Protect Workers from Stalking and Harassment

A new wave of legal developments across multiple countries is forcing companies to take a harder look at how they shield employees from stalking and harassment. From government-issued guidance in New Zealand to landmark court rulings in Switzerland, the message is clear: workplace protections are no longer optional.

New Zealand’s Ministry for Women, in partnership with the organisation Shine and Human Resources New Zealand, released a practical guide on 23 July 2026 titled “Recognise, Respond, Support.” The document helps employers spot stalking risks early and respond appropriately. This follows a law change in May 2026 that made stalking and harassment criminal offences in the country, carrying penalties of up to five years in prison.

Across the Alps, Switzerland has seen its first conviction under a new standalone stalking offence that took effect on 1 January 2026. In July, a Bern court sentenced a 26-year-old man who had pursued a woman for months — tracking her at the gym, using multiple social media accounts to contact her, and lying in wait near her home. He received a conditional fine of 8,000 francs with a two-year probation period, plus an unconditional penalty of 2,500 francs.

With employer duty-of-care obligations tightening, having the right documentation is no longer optional. A free Health & Safety Toolkit gives you ready-to-use risk assessments and checklists that help UK businesses meet their legal responsibilities under the Health & Safety at Work Act 1974. Download the free Health & Safety Toolkit

Germany is experimenting with targeted measures. A pilot project launched in March 2026 in Schleswig-Holstein trains women’s shelters and counselling centres to recognise the dangers of technology-enabled stalking. The relevance of such efforts is underscored by a case in Chemnitz, where a police officer was convicted of sexual harassment after photographing a teenager under false pretences and luring her into his private vehicle in autumn 2024.

The urgency for human resources departments is backed by hard numbers. Insurance firm Axa-Arag reported that cases involving breaches of employer duty of care jumped 36 percent in 2025 compared with the previous year. Wrongful dismissal claims rose 26 percent, and disputes over employment references increased 14 percent. Experts point to rising cost pressures, the challenges of home-office arrangements, and a growing reluctance to engage in direct conversation as underlying causes. Premiums in this insurance segment climbed an average of 4.5 percent between 2021 and 2025.

Mental health is also under strain. A January 2026 study by the IU International University found that 40 percent of 2,000 respondents felt mentally “on call” at all times. One-third said they felt obligated to be reachable outside working hours, leading to emotional exhaustion and sleep problems.

To reduce legal exposure and protect staff, specialists recommend clear rules on availability outside work hours, active leadership involvement, systematic tracking of psychological stress, and honest assessment of team culture. The issue has even reached politics: drug commissioner Hendrik Streeck recently accused tobacco lobbyists of following him at summer parties and photographing his conversation partners in an attempt to discredit him.

Keeping on top of your legal duties means knowing exactly where your compliance gaps are. A free Health & Safety at Work Act 1974 Toolkit provides nine practical tools, including director liability guidance and risk assessment templates, to help you protect your workforce and avoid enforcement action. Get the free Health & Safety at Work Act 1974 Toolkit

In New Zealand, the Human Rights Commission and seven large companies jointly published a model policy for employees affected by domestic violence — a problem that often spills into the workplace. An estimated 500,000 people in the country experience domestic violence, with over 40 percent of them in steady employment. Similar campaigns, such as “See, Ask, Respond” in northern England, train employers to spot signs of abuse among colleagues or customers before it escalates.

en | boerse | 69861497 |