EHRC updates its harassment guidance for the all reasonable steps duty
Personnel Today reports that the Equality and Human Rights Commission has updated its technical guidance on sexual harassment and harassment at work, and its eight-step guide for employers, to reflect the stronger duties that came into force on 30 October 2026.
What changed
According to Personnel Today, the revised guidance sets out the test an employment tribunal might apply: identify the risks of sexual harassment, consider the steps that could reduce them, and take all the steps it would be reasonable to take. If another reasonable step was available and not taken, the employer would likely not have complied.
The guidance lists risk factors including power imbalances, alcohol, events outside the usual work environment and social media contact between workers, as well as cultural factors such as a lack of diversity, especially at senior level. On third-party harassment, it says risk assessment and protections may differ from those for harassment between workers, and suggests reviewing conduct standards, signage, reporting routes and how difficult customers are handled.
The duty itself is in section 40A of the Equality Act 2010, which now says an employer must take all reasonable steps to prevent sexual harassment of its employees in the course of their employment.
HRjoy’s view
The new test is demanding: an employer that skips a reasonable step is likely to fall short, however good the rest of its approach. The EHRC's list of risk factors is a practical starting point for a risk assessment, and the record of what was considered matters as much as the policy itself. Employers that did a quick refresh before 30 October should revisit it with this guidance in hand.
Source
- EHRC updates sexual harassment and harassment guidance · Personnel Today
- Equality Act 2010, section 40A: duty to prevent sexual harassment of employees · legislation.gov.uk
Based on reporting by Personnel Today, rewritten in our own words, with the legal points checked against legislation.gov.uk.
General information for employers in Great Britain, not legal advice.
What to do
- Read the EHRC's updated technical guidance and eight-step guide
- Review your sexual harassment risk assessment against the risk factors the EHRC lists
- Check your third-party conduct standards, signage and reporting routes
- Record the steps you considered and why you took or rejected each one
Related answers
- 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 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.