From 30 October, “reasonable steps” becomes “all reasonable steps”: what the strengthened harassment duty means for employers

Since October 2024, employers have had a positive duty to take reasonable steps to prevent sexual harassment of their workers. From 30 October 2026, the Employment Rights Act 2025 raises that standard. Employers must take all reasonable steps, and they will be liable for harassment of their employees by third parties, such as customers, clients and contractors, unless they have taken all reasonable steps to prevent it.

What is changing on 30 October

• All reasonable steps. The word “all” matters. Under the current duty, an employer can point to sensible measures it has taken. Under the new standard, a tribunal can ask whether there was any further reasonable step the employer could have taken and did not.
• Third party harassment. Employers face liability for harassment of their employees by people they do not employ. Hospitality, retail, healthcare, care homes and client facing professional services are the most exposed.
• Further detail to follow. The Government intends to set out in regulations what reasonable steps should include. Employers should not wait for those regulations before acting.

Why this matters financially

Harassment claims under the Equality Act 2010 carry uncapped compensation. Where an employer has breached the preventative duty, a tribunal can already increase compensation for sexual harassment by up to 25%. With the tribunal time limit now six months, employees also have longer to bring a claim.

What all reasonable steps is likely to look like in practice

• A specific, current anti harassment policy that covers third parties and is actively communicated
• Training for all staff, with additional training for managers on handling complaints, refreshed regularly
• A written risk assessment identifying where harassment is most likely, including customer and client contact
• Clear reporting routes, including an option outside the line management chain
• Prompt, documented investigation of every complaint
• Terms of business and visible notices making clear to customers and clients what behaviour will not be tolerated
• Regular review of these measures, with records showing that the review took place

The evidence question

At a tribunal, the question will not be whether the employer meant well. It will be whether the employer can show what it did. Policies that sit unread on an intranet, training delivered years ago and risk assessments that were never written down will not meet the standard.

Where to start this month

• Review your harassment policy against the new third party liability
• Complete or update a harassment risk assessment for each site or team
• Schedule training before 30 October, or as soon as possible afterwards
• Check that your grievance and investigation processes can deal with complaints about third parties

Davenport Solicitors delivers harassment prevention training and policy reviews for employers across all sectors. Call us on 020 7903 6888 or email contact@davenportsolicitors.com