What does the duty to take all reasonable steps to prevent sexual harassment mean for employers?
From 30 October 2026, employers in Great Britain must take all reasonable steps, not just reasonable steps, to prevent sexual harassment of their employees. The same date brings a new duty not to permit harassment of employees by third parties such as customers. What counts as reasonable depends on the employer's size, sector, working environment and resources.
What the law requires
Since 26 October 2024, section 40A of the Equality Act 2010 has required employers to take reasonable steps to prevent sexual harassment of employees. The Employment Rights Act 2025 strengthens this to all reasonable steps from 30 October 2026, matching the existing all reasonable steps defence employers can rely on in harassment claims.
An employee cannot bring a standalone claim for breach of the duty. If a tribunal upholds a sexual harassment claim and awards compensation, it must consider whether the employer breached the duty and can increase compensation by up to 25%. The Equality and Human Rights Commission can also enforce the duty.
Third-party harassment
From 30 October 2026, an employer must not permit a third party, such as a customer, client or contractor, to harass its employees. An employer is treated as permitting it only if the harassment happens in the course of employment and the employer failed to take all reasonable steps to prevent it. This covers harassment related to age, disability, gender reassignment, race, religion or belief, sex and sexual orientation, as well as sexual harassment. Employees will be able to bring claims to an employment tribunal.
What reasonable steps can look like
GOV.UK and Acas point to steps such as risk assessments, clear policies, staff training, several ways to report concerns, monitoring incidents and reviewing what works. For third parties, Acas suggests reviewing customer and supplier terms and telling customers the consequences of harassing staff. Acas recommends recording why any step was judged not reasonable.
The Act also lets ministers specify required steps in regulations later. GOV.UK expects these in 2027/28, after consultation, and says they will add to, not replace, the broader duty.
The law
“before “reasonable steps” insert “all”…”
“must not permit a third party to harass a person (B) who is an employee of A…”
“may be no more than 25% of the amount awarded under section 124(2)(b)…”
Sources
- Employment Rights Act 2025: factsheets · GOV.UK
- Preventing workplace sexual harassment: enabling regulations about ‘reasonable steps’ (factsheet) · GOV.UK
- Third party harassment - Harassment law changes · Acas
- Plan to Make Work Pay and Employment Rights Act: timeline update · GOV.UK
General information for employers in Great Britain, not legal advice. Check the official sources for your situation.
- All reasonable steps duty and third-party harassment duty begin
Future dates are expected dates and depend on Parliament.
What employers can do
- Carry out or refresh a harassment risk assessment, including contact with customers, clients and contractors
- Update your harassment policy to cover third parties and explain how to report concerns
- Train managers and staff, and record who has been trained
- Offer more than one reporting route and keep a log of incidents and actions taken
- Record the steps you considered and why any were not reasonable for your organisation
- Review the measures regularly and after any incident
Recent tribunal decisions on this topic
Tribunal tracker- TBG Flex Ltd Breach of contractPublic interest disclosureRace discrimination Read the decision on GOV.UK
- Whittington Health NHS Trust Race discriminationSex discrimination Read the decision on GOV.UK
- Manchester University NHS Foundation Trust Maternity and pregnancy rightsSex discriminationUnfair dismissal Read the decision on GOV.UK
Being listed does not mean a claim succeeded. Read the decision for the outcome; decisions can be reconsidered or appealed. If a listing concerns you, or a decision has since been anonymised or removed, tell us and we will review it and remove it where appropriate.
Related answers
- What is changing under the Employment Rights Act 2025, and when? The Employment Rights Act 2025 is being brought in by phases. Day-one paternity and parental leave, sick pay changes and six-month tribunal time limits already apply. Next come the stronger harassment duties on 30 October 2026, a six-month unfair dismissal qualifying period from 1 January 2027 and fire and rehire protections in March 2027. Future dates remain subject to Parliament.
- What are the protected characteristics under the Equality Act 2010? The Equality Act 2010 lists nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. In Great Britain, employers must not discriminate against job applicants, workers or former workers because of any of them.
- How should employers handle a grievance? Employers should try to resolve concerns informally where appropriate. If a formal written grievance is raised, the Acas Code expects a meeting without unreasonable delay, the right to be accompanied, any necessary investigation, a written decision without unreasonable delay, and an appeal heard impartially by a manager not previously involved where possible.