New Duty on Employers to Take All Reasonable Steps Against Sexual Harassment From October 2026

A recent report by ACAS shared found that 1 in 10 people aged 16 years and over experienced at least one form of work place harassment that made them feel upset, distressed, or threatened in the previous 12 months.

More women (13%) than men (7%) experienced at least one form of harassment, with sexual harassment experienced by 8% of women compared to 3% of men.

From October 2026, new and enhanced obligations on employers come into force, introducing the duty to take all reasonable steps to prevent sexual harassment in the workplace. These changes build on earlier reforms and signal a clear direction of travel: employers must be proactive, thorough and accountable in tackling harassment – this will include the conduct of third parties. The law has moved away from treating harassment as an individual dispute and regards it as an organisational risk that must be managed and prevented.

A Heightened Legal Duty

The enhanced obligation will strengthen the preventative duty on employers from a requirement of taking 'reasonable steps', to taking 'all reasonable steps' to prevent sexual harassment before it occurs. This raises expectations significantly. Employers will need to demonstrate that they have taken comprehensive, well-considered action tailored to the risks within their specific workplace. They must also implement every preventative measure that is reasonably practicable for their organisation.  

Tribunals will look closely at whether employers have done enough – not only in response to incidents, but in anticipating and mitigating risk. Where an employer is found to have fallen short, compensation awarded to a successful claimant may be increased by up to 25%.

Third-Party Harassment: Back in Focus

Another key feature of the October 2026 changes is the introduction of third-party harassment liability. Employers may be liable where employees are subjected to harassment by clients, customers, contractors or other non-employees in the course of their work.

This marks an important expansion of responsibility. Employers can no longer treat third-party behaviour as beyond their control. Instead, they must take active steps to prevent and address such conduct, particularly in customer-facing environments.

What Does "All Reasonable Steps" Mean in Practice?

Whilst there is no definitive 'legal' checklist, the expectation is that employers will adopt a proactive, embedded approach rather than a reactive or minimal one. Reasonable steps are likely to include:

• Regular risk assessments especially in roles involving public interaction.
• Comprehensive policies making clear that sexual harassment is unacceptable, what measures are in place, and how to report incidents.
• Regular, high-quality training for staff and managers, with practical guidance on handling incidents involving sexual harassment.
• Clear reporting channels that employees trust and feel safe using.
• Decisive action when issues arise, including appropriate disciplinary action or managing third parties where necessary.
• Clear boundaries made to third parties – ensure your expectations on customers, contractors and clients are made clear in displayed notices and commercial contracts.

Importantly, these steps must be effective in practice. Outdated policies or infrequent training will not be sufficient to meet the new standard.

Preparing for Compliance

Although employers may find themselves busy enough grappling with the recent April employment law developments, October will soon come around and we encourage employers to take early steps with a view to ensuring that they are fully compliant. This will include reviewing internal documentation, updating training programmes, and considering how to manage risks posed by third parties.

Leadership also plays a critical role. A workplace culture that actively discourages inappropriate behaviour and supports those who raise concerns is essential.

Final Thoughts and Support for Your Organisation

The sexual harassment reforms underline a clear expectation: employers must take sexual harassment seriously and act decisively to prevent it. This includes looking beyond the workplace itself to conduct of third parties.

Organisations that take a proactive, well-documented approach will not only reduce legal exposure but also promote a safer, more inclusive working environment.

If you require advice on meeting these enhanced obligations or auditing your current practices our employment law specialists are here to help.

We also offered a focused training session for staff and managers that will:

• Explain what sexual harassment is under UK law and the new duty
• Help staff recognise behaviours that may amount to harassment and the consequences of prohibited conduct
• Identify how concerns can be raised, formally or informally
• Make clear the responsibilities of employees, managers and the organisation including those relating to third party harassment
• Help you to promote a safe, respectful, and inclusive workplace culture

This two-hour session can be further tailored to suit your organisation and is designed to be practical, engaging, and immediately applicable to real‑life scenarios.

If you’d like support with how to prepare for the new duty and updating your sexual harassment policy, or would like to book the manager training session, please contact us.