Sexual Harassment: The New Duty to Take “All Reasonable Steps”
Are you ready?
From 30 October 2026, employers in England, Wales and Scotland must take “all reasonable steps” to prevent sexual harassment at work.
The Employment Rights Act 2025 strengthens the existing duty to take “reasonable steps”. Employers will need to demonstrate that they have identified the risks within their workplace and taken every practical and proportionate step to address them.
Having a policy alone will not be enough.
The Act also introduces liability for harassment by third parties, including customers, clients, patients and contractors. This protection is wider than sexual harassment and covers other unlawful harassment under the Equality Act 2010.
What should employers do?
Before 30 October 2026, employers should:
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Assess where harassment could occur, including in customer-facing roles, during lone working, at social events and online.
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Update harassment policies and reporting procedures.
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Provide practical training for staff and managers.
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Make it safe and straightforward for employees to report concerns.
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Establish how third-party misconduct will be handled.
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Regularly review complaints, staff feedback and preventative measures.
Employers should also keep a clear record of the risks considered, decisions made and action taken.
Why does it matter?
The Equality and Human Rights Commission (EHRC) can take enforcement action where an employer breaches the preventative duty.
If an employee succeeds in a sexual harassment claim, an employment tribunal may also increase compensation by up to 25%.
The key question for employers will be:
What further reasonable steps could the employer have taken?
Businesses should address that question now, rather than waiting for a complaint to arise.
Need help assessing your risks?
If you’re unsure whether your current policies and procedures meet the new requirements, a workplace risk assessment is a good place to start.
This article is for general information only and does not constitute legal advice.
Further information
Law and guidance checked on 5 August 2026.