Workplace Harassment Duty: from “reasonable steps” to “all reasonable steps”

From 30 October 2026, employers face a significantly strengthened legal duty to prevent sexual harassment in the workplace. Introduced by the Employment Rights Act 2025, the changes raise the bar from taking “reasonable steps” to taking “all reasonable steps” and make employers liable for the harassment of their employees by third parties. With these changes being only a few weeks away, employers must prepare for the new legal landscape.

What is changing?

Since October 2024, employers have been required to take “reasonable steps” to prevent the sexual harassment of their employees. This is a proactive duty that requires employers to anticipate the risk of harassment and act to prevent it, rather than simply reacting once a complaint has been made.

From 30 October, this duty is being strengthened. Employers will be expected to take all of the steps that are reasonable for their organisation. If an employer fails to take a step that could be regarded as reasonable to prevent sexual harassment, a Tribunal may increase a successful claimant’s compensation by up to 25%.

The new duty will also make employers liable where a third party harasses (including sexual harassment) a member of staff in the course of their employment, unless the employer can demonstrate it took all reasonable steps to prevent the harassment. Third parties can include customers, clients, service users, contractors, or members of the public.

What is ‘reasonable’?

The Equality and Human Rights Commission’s updated technical guidance provides direction on what may constitute a reasonable step. In deciding whether a step is reasonable, the factors that may be relevant include (but are not limited to):

• the size and resources of the employer
• the nature of the working environment
• the sector the employer operates in
• the risks present in that workplace
• the nature of any contact with third parties, for example, type of third party, frequency, environment
• the likely effect of taking a particular step and whether an alternative step could be more effective
• the time, cost and potential disruption of taking a particular step, weighed against the benefit it could achieve
• whether concerns have been raised with an employer that sexual harassment has taken place (it would likely be reasonable for the employer to take steps to investigate and ensure it does not happen again).

What does this mean for employers?

Employers will not be automatically liable for the actions of their staff or third parties. However, liability will arise where an employer has failed to take all reasonable steps to protect its workforce. This means adopting a critical approach to workplace culture and working practices and identifying where further measures could be implemented.

How can you prepare?

Regulations specifying what constitutes “all reasonable steps” to prevent sexual harassment are expected in 2027. In the meantime, the steps employers should be focusing on are:

• asssessing the risk of harassment in your business
• having an anti-harassment policy that’s effective, well communicated and easy to find
• training your workforce and managers with regular update sessions
• monitor and consistently review policies and risk assessments.

How Ashtons Legal can help you

If you are an employer and would like us to deliver training to your managers on the sexual harassment duty, please do get in touch for more information.

Contact our employment law solicitors today

If you have any questions or concerns about the updates provided above, please contact a member of our Employment Law team. You can use our online enquiry form or call 0330 191 5713.