Just two years ago, a new and significant legal duty was introduced, requiring all employers to take ‘reasonable steps’ to prevent sexual harassment in the workplace. With the ink barely dry on this previous change in the law, with effect from 30 October 2026, employers are going to have to up their game yet again.

‘All reasonable steps’ 

From the end of this month, in place of the current obligation to take ‘reasonable steps’ to prevent sexual harassment in the workplace, employers will need to comply with the beefed-up requirement to take ‘all reasonable steps‘ to prevent such behaviour.

Third-party harassment

In addition to the bolstered requirement to prevent sexual harassment, employers will also need to get to grips with the risk of third-party harassment as well. 

Presently, if an employee is subjected to harassment at the hands of someone other than a colleague, they cannot normally bring a claim against their employer under current discrimination laws. However, under new laws coming into force at the end of this month, all this will change. From 30 October 2026, if your employee is subjected to harassment by a third party (e.g. a customer, a client or a member of the public), then unless you can show that you took ‘all reasonable steps’ to prevent the harassment, you can be held legally responsible for it. 

Action required

Over the years, case law has established that the job of proving you have taken ‘all reasonable steps’ is no mean feat. As a minimum, it requires:

• a careful analysis of the particular risks that are likely to arise within your business;
• a clear and detailed anti-harassment policy that specifically addresses the risks, including the risk of third-party harassment;
• clear and trusted procedures for reporting and addressing acts of harassment; and 
• targeted training for all employees, especially managers, on how to deal with such situations.

Even if you manage to nail these initial steps, frankly, it doesn’t end there. Depending on your business or industry, a variety of other steps are likely to be required. Without comprehensive measures in place, your business could be exposed to claims of significant value if your employees are subjected to third party harassment because of sex, race or any other ‘protected characteristic’. 

Want to talk?

There are bound to be some businesses which are at greater risk than others as a result of this change in the law. If your staff engage in regular interactions with the public, especially within hospitality, retail and the night-time economy, you need to tread particularly carefully.

If you want to talk to us about your current arrangements and what you could do to bolster your protection, please get in touch.