From 30 October 2026, employers must take all reasonable steps to prevent sexual harassment of their employees, and the prevention duty extends to harassment by third parties such as customers, clients and contractors. A single missed step can now be enough to put you in breach. Here is what the change means and a practical checklist to work through.
What has changed
Since October 2024, employers have had a duty to take reasonable steps to prevent sexual harassment at work. The Employment Rights Act 2025 strengthens this in two ways from 30 October 2026:
- “All” reasonable steps. The standard rises from reasonable steps to all reasonable steps. If there was a sensible preventative step you could have taken and did not, that may be enough to find you in breach.
- Third-party harassment. Employers can be liable if they fail to take all reasonable steps to stop third parties harassing their staff. This covers harassment related to protected characteristics such as age, disability, race, religion or belief, sex and sexual orientation, not only sexual harassment. One incident can be enough.
The government also has a power to set out in regulations what counts as reasonable steps, so expect further guidance.
Who is most at risk
Any business where staff deal with the public or other organisations: nurseries and care settings, retail, hospitality, healthcare, construction sites, logistics and client-facing professional services.
A checklist of reasonable steps
- Carry out a harassment risk assessment. Look at where, when and by whom harassment could happen, including by customers, visitors and contractors.
- Update your policy. Your anti-harassment policy should cover third parties, explain how to report concerns and set out what will happen next.
- Train everyone. Staff should know what harassment looks like and how to report it. Managers need to know how to respond and escalate.
- Make reporting easy. Offer more than one route, including someone outside the employee’s line of management.
- Tell third parties your standards. Use signs, terms of business, contractor inductions and client agreements to make clear harassment of staff is not tolerated.
- Investigate every complaint properly. Act promptly, keep records and follow through, including restricting or excluding third parties who behave inappropriately where that is reasonable.
- Review and record. Check your measures regularly and keep evidence of what you have done. If a claim is made, you will need to show the steps you took.
Frequently asked questions
Does this apply to small businesses?
Yes. The duty applies to all employers, although what is reasonable can depend on your size and resources.
Are we responsible for what customers do?
You can be, if you have not taken all reasonable steps to prevent it. That is why risk assessment, clear standards for customers and prompt action on complaints matter.
What evidence should we keep?
Your risk assessment, policy, training records, reports received and the action you took on each.
Need help meeting the new duty? We can review your policy, run a risk assessment, train your managers and investigate complaints independently. Bullying and harassment support or get a price.
This article is general guidance based on the law as at October 2026 and is not legal advice for your situation.
Sources: Blake Morgan, October 2026 implementation dates; Hill Dickinson, third-party harassment from October 2026.
