Employers Must Take All Reasonable Steps to Prevent Sexual Harassment From 30th October 2026

Workplace sexual harassment protections have been strengthened across Scotland, England and Wales. Since 30th October 2026, employers have been required to take all reasonable steps to prevent sexual harassment, rather than simply reasonable steps. New rules also make employers responsible in certain circumstances when a third party, such as a customer or client, harasses a worker.

This guide explains what has changed, what the law now requires employers to do and what the stronger protections mean for people at work.

Last checked: 4th November 2026. Northern Ireland has separate equality and employment legislation, so this guide focuses on Great Britain.

What changed on 30th October 2026?

The Employment Rights Act 2025 strengthened the existing preventative duty in the Equality Act 2010. Since 26th October 2024, employers have had to take reasonable steps to prevent sexual harassment of their workers. From 30th October 2026, the law requires them to take all reasonable steps.

The Act also makes employers liable in certain circumstances when a third party harasses a worker in the course of their employment. An employer may be liable if it failed to take all reasonable steps to prevent the harassment. The law includes a defence where the employer can show it took all reasonable steps.

These are changes to employers’ legal responsibilities. Workers do not need to apply for the protections, and they are not responsible for making their employer comply.

What does “all reasonable steps” mean?

Employers are expected to take all the steps that are reasonable for their particular organisation, rather than selecting only some reasonable measures. What is reasonable depends on the circumstances, including the type of work, workplace risks, how staff interact with others and the organisation’s size and resources.

There is no single checklist that will be suitable for every employer. The central point is that prevention must be active and appropriate to the risks. A policy or one-off training session on its own is unlikely to be enough if other risks are left unaddressed.

What should employers be doing?

The Equality and Human Rights Commission’s updated guidance gives employers practical steps to help meet their duties. These are areas to consider, not a one-size-fits-all tick list.

Employers should also consider risks created by third parties, such as customers, clients, service users, contractors and members of the public. Depending on the work, practical measures might include avoiding lone working where possible, providing ways to summon support and training staff to respond to abusive or harassing behaviour.

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What counts as sexual harassment at work?

Under the Equality Act 2010, sexual harassment is unwanted conduct of a sexual nature that has the purpose or effect of either violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

It can include unwanted sexual comments or jokes, sexual advances, unwanted touching, displaying sexual material or sending messages of a sexual nature. The circumstances and impact matter. A person does not have to intend to cause offence for conduct to meet the legal definition.

The legal protection against sexual harassment already existed before October 2026. The change strengthens what employers must do to prevent it.

What if the harassment comes from a customer, client or another third party?

From 30th October 2026, the Equality Act includes a specific provision covering harassment by third parties. A third party is someone other than the employer or a worker of the employer. This can include customers, clients, contractors, service users and members of the public.

An employer may be liable where a third party harasses a worker in the course of their employment and the employer failed to take all reasonable steps to prevent it. This covers harassment related to a relevant protected characteristic, sexual harassment, and less favourable treatment because a worker has rejected or submitted to certain unwanted conduct. The relevant protected characteristics include age, disability, gender reassignment, race, religion or belief, sex and sexual orientation.

This is particularly relevant in public-facing roles, but the risk is not limited to shops, hospitality or customer service. Employers should consider the people their staff come into contact with through their work.

What does the change mean for workers?

The stronger legal duties are placed on employers. Workers do not need to apply for protection, and they are not responsible for making their employer comply. The law also protects a wider range of work relationships than standard employees, including some agency and contract workers.

You should be able to find out what behaviour is unacceptable, how to raise a concern and what support is available. If you experience or witness harassment, you may wish to check your workplace policy and consider using an available reporting route. You can seek advice even if you are not ready to make a formal complaint.

What can you do if you experience sexual harassment?

There is no single response that is right for every situation. Depending on your circumstances, you may wish to:

• Keep a record of relevant incidents, including dates, what happened and any witnesses.
• Save relevant messages or other evidence where it is safe and appropriate to do so.
• Check your employer’s policy and available reporting or grievance routes.
• Speak to someone you trust, a trade union representative or an appropriate workplace contact.
• Contact Acas for general information about workplace rights and options.

If you are considering a legal claim, seek advice promptly. Employment tribunal time limits can be short and usually run from the event or relevant act, not from when you decide to seek advice.

What happens if an employer does not comply?

The Equality and Human Rights Commission can take enforcement action in relation to the preventative duty. If a worker brings a successful sexual harassment claim and is awarded compensation, an employment tribunal must consider whether the employer complied with the preventative duty. If it finds a breach, it may increase compensation by up to 25%.

The third-party harassment provision creates a separate basis for employer liability where its legal conditions are met. It does not mean every incident automatically results in compensation or enforcement action. The facts of each case matter.

Frequently asked questions