Raising the Bar: Employers’ New Duty to Take All Reasonable Steps to Prevent Sexual Harassment

From October 2026, employers will face a stronger duty to prevent sexual harassment at work. The key change is a shift from taking “reasonable steps” to taking all reasonable steps. While that may sound subtle, it is likely to have a real impact on how organisations approach risk.

Up to now, many employers have relied on having basic policies and occasional training to show they met the standard in preventing sexual harassment. The new requirement however raises expectations. It will not be enough to point to a handbook or a one-off training session; employers will need to show they have done everything that could reasonably be expected, and that those steps are actually working in practice.

A further complication is the renewed focus on third-party harassment. Employers will need to think much more carefully about risks arising from clients, customers, contractors, and other external contacts. This is not always straightforward. Unlike employees, third parties are outside the employer’s direct control, yet the duty still requires preventative action. That could include setting clear behaviour standards, training staff on how to respond to issues, and taking firm steps where concerns are raised, even if that means challenging or losing business relationships.

The combination of “all reasonable steps” and third-party exposure creates some uncertainty. Employers will need to make judgement calls about how far to go, particularly in customer-facing sectors. There is also the practical challenge of consistency – ensuring concerns are taken seriously every time, rather than dealt with informally or overlooked.

That said, this is not just about risk management. Employers who take a thoughtful, proactive approach have an opportunity to create safer, more respectful working environments, which will benefit both staff and the business as a whole.

For further information or to discuss a potential employment law or discrimination claim, please contact our specialist employment solicitors on 0207 3950 5234 or info@rllaw.co.uk. We are ranked as a ‘Leading Firm’ in the Legal 500 and Chambers and Partners independent guides to the UK Legal Profession.