From “reasonable” to “all reasonable”: what the new harassment duty means for employers

Most employers are now familiar with the duty introduced in October 2024 requiring them to take “reasonable steps” to prevent sexual harassment in the workplace. However, from 30 October 2026, the bar is being raised.

The change may appear subtle. After all, it is only one additional word. But replacing “reasonable steps” with “all reasonable steps” is likely to have significant practical consequences for employers. At the same time, new protections against third-party harassment will come into force, requiring employers to think beyond the actions of their own employees.

So, what exactly is changing, and what should employers be doing now?

1. “Reasonable steps” becomes “all reasonable steps”

The most significant change is that employers will no longer be required to take merely reasonable steps. They must take all reasonable steps to prevent sexual harassment.

While that may sound like legal semantics, it reflects a deliberate shift in approach.

Previously, an employer might have been able to point to an anti-harassment policy and some staff training as evidence that it had taken reasonable steps. From October 2026, tribunals are likely to ask a further question: were there any other reasonable measures that could have been taken? If the answer is yes, the employer may be found to have breached its duty.

In other words, employers will need to demonstrate a comprehensive and proactive approach to prevention, rather than relying on a handful of measures and assuming they are sufficient.

2. New protection against third-party harassment

The second major change is the introduction of a duty relating to third-party harassment. A third party is someone who is not employed by the organisation but interacts with workers through their job. Examples include:

• Customers
• Clients
• Patients
• Service users
• Contractors
• Suppliers
• Visitors
• Members of the public

From 30 October 2026, employers can be liable where an employee is harassed by a third party in the course of their employment and the employer has failed to take all reasonable steps to prevent that harassment. Importantly, this protection extends beyond sexual harassment. It covers harassment related to most protected characteristics under the Equality Act 2010, including race, disability, religion or belief, sexual orientation, age and sex.

This change is particularly relevant for organisations with customer-facing staff, such as those in retail, hospitality, healthcare, transport and leisure industries. One area that may prove difficult in practice is where the alleged harasser is a major client or customer. Employers can sometimes feel caught between protecting their staff and preserving an important commercial relationship. However, under the new duty, commercial considerations alone are unlikely to be an adequate reason for failing to act. Employers should consider what practical measures can be taken to protect employees, including challenging inappropriate behaviour, escalating concerns within the client’s organisation, limiting direct contact or, where necessary, ending the relationship. The larger or more influential the client, the more carefully employers should document the steps they have considered and the reasons for their decisions

What does “all reasonable steps” look like in practice?

There is no universal checklist that will apply to every employer. The EHRC 8-step guide to preventing sexual harassment leads the way as a strong indicator of the approach expected. Employers should consider measures such as:

1. Risk assessments – Employers should identify situations where sexual harassment may occur and assess the level of risk involved.
2. Policies and procedures – Anti-harassment and dignity at work policies should be reviewed regularly, updated where necessary and communicated clearly to staff.
3. Staff training – Training should be meaningful, up to date and repeated periodically. Managers should receive enhanced training, so they understand how to identify concerns and respond appropriately.
4. Reporting mechanisms – Employees should know how to report concerns and feel confident that complaints will be taken seriously and dealt with fairly.
5. Third-party controls – Employers may need to update contracts, terms and conditions, customer notices and codes of conduct to make clear that harassment of staff will not be tolerated.
6. Monitoring and review – Employers should monitor incidents, investigate concerns promptly and regularly review whether existing measures remain effective.

What should employers do now?

The higher standard requires employers to take a fresh look at workplace risks and assess whether additional preventative measures are needed.

Many employers will already be taking some of these steps, including incorporating harassment clauses into supplier contracts and displaying notices making clear that harassment of staff will not be tolerated. The key message is that employers should take a proactive and evidence-based approach. Regularly assessing risk, training staff and reviewing workplace practices will place organisations in the strongest position to comply with the new duty and create a safer working environment for everyone.

If you’d like to explore how the new duty affects your organisation or would like bespoke training, our team would be happy to help.