Sexual harassment: the all reasonable steps duty
30 October 2026 Date fixed in law
Employment Rights Act 2025 ss.20–22. S.I. 2026/1065 (Commencement No. 6). Applies to: Great Britain. Checked 25 October 2026.
The duty in section 40A of the Equality Act 2010 is strengthened from “reasonable steps” to “all reasonable steps” to prevent sexual harassment of employees. Employers also become liable for harassment of employees by third parties — customers, clients, contractors — unless they took all reasonable steps to prevent it. There is no small-employer exemption.
Who it affects
Every employer. Customer-facing firms (hospitality, retail, care, trades working in homes) carry the most third-party risk.
What changes
- “Reasonable steps” becomes “all reasonable steps” (Equality Act 2010 s.40A).
- Liability for harassment by third parties unless all reasonable steps were taken.
- A power for ministers to specify steps that count as reasonable (regulations not yet made).
What to do
- Write or refresh an anti-harassment policy that covers customers and contractors, and tell staff how to report.
- Do a short risk assessment: lone working, late shifts, alcohol, home visits, online contact.
- Train everyone (short and practical is fine) and record who attended.
- Put a line in customer terms or signage that harassment of staff is not tolerated, and decide what you will do when it happens.
Documents to review by 2 October 2026
- Staff handbook : Family leave, sickness and harassment sections match the policies; Holiday rules and how records are kept.
- Anti-harassment policy : Covers customers, clients and contractors; How to report, who investigates, timescales; Consequences for customers who harass staff.
- Harassment risk assessment : Lone and late working; Alcohol, home visits, online contact; Actions with owners and dates.
- Training record : Who completed harassment training and when; Refresher date set.
Tick these off and export the dates to your calendar in the business plan tab.
Sources
- S.I. 2026/1065 — Employment Rights Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026
- Employment Rights Act 2025, section 20 — Employers to take all reasonable steps to prevent sexual harassment
- Employment Rights Act 2025, section 21 — Harassment by third parties
- Acas — Employment Rights Act 2025 (updated 20 October 2026)
A summary for employers, not legal advice. Where a change depends on regulations not yet made, details may differ from this page.
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