Sexual Harassment Law Changes

What Employers Need to Know About the New "All Reasonable Steps"

From 30 October 2026, employers will face a significantly strengthened legal duty to prevent sexual harassment in the workplace. While the change may appear minor, consisting of the addition of a single word, "all", the practical implications for employers are substantial.

The Government has strengthened the duty under the Equality Act 2010, meaning employers will need to demonstrate they have taken all reasonable steps to prevent sexual harassment, rather than simply reasonable steps. According to ACAS, employers will now be expected to take every reasonable preventative measure available to them, rather than selecting only some measures.

What Does the Law Currently Say?

Since 26 October 2024, under the Worker Protection (Amendment of Equality Act 2010) Act 2023, employers have been under a proactive duty to take reasonable steps to prevent sexual harassment of workers. Employers must assess risks, implement preventative measures, and cannot simply wait for incidents to occur before acting.

This duty represented a significant shift from merely reacting to complaints to actively preventing harassment.

What Is Changing?

From 30 October 2026, the Employment Rights Act strengthens this obligation by requiring employers to take all reasonable steps to prevent sexual harassment.

The legal wording changes from:

"Employers must take reasonable steps to prevent sexual harassment"

to:

"Employers must take all reasonable steps to prevent sexual harassment."

Whilst this appears to be a small amendment, it raises the bar considerably.

What Does "All Reasonable Steps" Actually Mean?

The word "all" is crucial.

Previously, an employer may have been able to argue that they had taken some reasonable measures, such as having a policy in place or delivering occasional training.

Under the new duty, employers will need to demonstrate that they have taken every step that would reasonably be expected in the circumstances of their organisation. ACAS states that employers will be expected to take all reasonable preventative measures available to them, with no exceptions where those measures would be reasonable to implement.

In practice, Employment Tribunals are likely to ask:

• What risks had the employer identified?
• What preventative measures were available?
• Which measures were actually implemented?
• Why were any reasonable measures not taken?

If the employer cannot justify why particular preventative actions were omitted, they may struggle to defend a claim.

What Will Tribunals Look For?

There is no universal checklist that automatically guarantees compliance. What is reasonable will depend on:

• The size of the organisation.
• The nature of the workforce.
• The industry sector.
• The level of interaction with customers, clients and members of the public.
• Previous incidents or complaints.
• Identified workplace risks.

However, employers should expect tribunals and the Equality and Human Rights Commission (EHRC) to scrutinise whether preventative measures were genuine, effective and regularly reviewed rather than simply existing on paper.

What Are "All Reasonable Steps" Likely to Include?

Whilst every organisation will differ, employers should be considering the following as a minimum:

1. Risk Assessments

Employers should actively assess where sexual harassment risks may arise.

Examples include:

• Lone working.
• Client facing roles.
• Night shifts.
• Work related social events.
• Environments involving alcohol.
• Travel and overnight stays.
• Significant power imbalances between staff.

2. Robust Policies

Employers should have:

• A dedicated Sexual Harassment Policy.
• Dignity at Work or Anti-Harassment Policies.
• Clear reporting procedures.
• Clear consequences for breaches.

Policies should be regularly reviewed and updated.

3. Staff Training

Training should not be a one off exercise.

Employers should provide:

• Induction training.
• Refresher training.
• Manager specific training.
• Guidance on recognising inappropriate behaviour.
• Guidance on intervention and reporting responsibilities.

4. Management Accountability

Managers should understand:

• How to respond to complaints.
• How to investigate allegations.
• How to escalate concerns appropriately.
• Their responsibility to address inappropriate behaviour immediately.

5. Multiple Reporting Channels

Employees should have several methods of raising concerns, including where their line manager may be involved in the complaint.

6. Monitoring and Review

Employers should regularly review:

• Complaints data.
• Trends.
• Exit interviews.
• Staff surveys.
• Workplace culture.

The expectation is increasingly that employers monitor whether controls are actually working rather than merely introducing them.

7. Tackling Workplace Culture

One of the key themes emerging from ACAS guidance is that employers must address cultures where inappropriate behaviours are normalised as "banter" or dismissed as harmless. A policy alone will not be sufficient if the wider workplace culture allows inappropriate conduct to continue. 

What About Harassment by Customers and Third Parties?

Another important change is the reintroduction of liability relating to harassment of employees by third parties, such as:

• Customers.
• Clients.
• Service users.
• Contractors.
• Visitors.

Employers should therefore consider:

• Customer conduct expectations.
• Reporting procedures for customer misconduct.
• Warnings and sanctions against offending customers.
• Protection for staff working in customer-facing roles.

What Are the Consequences of Getting This Wrong?

Failure to comply may result in:

• Employment Tribunal claims.
• Increased compensation awards.
• Significant reputational damage.

Perhaps most importantly, employers may find it more difficult to defend a claim if they cannot evidence the preventative measures they have taken.

Practical HR Advice for Employers

Before October 2026, employers should:

Conduct a sexual harassment risk assessment.

Review and update all anti-harassment policies.

Deliver meaningful training to both employees and managers.

Introduce or review reporting mechanisms.

Consider third party harassment risks.

Review workplace culture and address inappropriate behaviours early.

Keep records demonstrating the steps taken.

Schedule regular policy and training reviews.

Conclusion

The addition of the word "all" represents far more than a minor drafting change. It signals the Government's intention to move employers from a reactive approach to a genuinely preventative one. Employers will no longer be able to rely on having a policy tucked away in a handbook or providing occasional training. They will need to be able to demonstrate that they have thoroughly assessed risks, implemented appropriate measures, monitored effectiveness, and continually reviewed their approach.

The key question for employers moving forward is not simply:

"Have we taken some reasonable steps?"

but rather:

"Have we taken every reasonable step that could be expected of us?"

From 30 October 2026, that distinction could make all the difference in defending a Tribunal claim.