All Reasonable Steps?

July 31, 2026

The duties on employers to prevent harassment are being strengthened from October 2026 – are you ready?

Under the Equality Act 2010, an employer can defend a harassment claim by demonstrating that they had taken ‘all reasonable steps’ to prevent it from happening.

Sexual Harassment

In October 2024 the Worker Protection Act imposed a new, proactive duty on employers to take ‘reasonable steps’ to prevent sexual harassment.

The Employment Rights Act 2025 (ERA 2025) takes things a stage further – it requires employers to take all reasonable steps to prevent sexual harassment. One small word, but a big impact on what’s required – it’s not enough to do something, employers must do everything they reasonably can to prevent sexual harassment.

The ERA 2025 also gives the Government power to issue Regulations outlining what those ‘reasonable steps’ might be, so we may see new guidance or a Code of Practice – it would, perhaps, be helpful if this appeared before the implementation of the new duties!

Third Party Harassment

The ERA 2025 also re-introduces liability on employers if they fail to take all reasonable steps to prevent third party harassment of their employees, for example by clients, customers, suppliers or contractors. This applies to all categories of harassment, not just sexual harassment.

Currently, if a customer harasses an employee, you cannot, as an employer, be held directly liable. The ERA 2025 changes that – your only defence would be that you had taken all reasonable steps to prevent it.

You need to take proactive steps to prevent harassment, and with the changes due to come into effect in October, you should start now!

What should you do now?

1. Review your anti-harassment policies

Do you even have a policy? If so, where is it and when was it last reviewed? If it’s gathering dust somewhere that no-one can find it, then it’s definitely time for an update.

Does it explicitly cover harassment by third parties? Do your team know what they should do if they are the victim of, or witness to, harassment by a customer?

It should be clear that you operate a zero-tolerance policy towards harassment whether that is by a client, colleague or senior manager. Everyone should know how to raise a concern and that it is safe for them to do so.

2. Training

Have all employees received training in acceptable behaviour? Do they know how to intervene if they witness harassment and how to raise a concern?

Do managers know how to handle complaints with sensitivity and in a timely manner? Do they understand when and how to escalate concerns?

If everyone has been trained, when? Cases have been lost where the Tribunal has judged that training delivered just over a year previously was ‘stale’ and should have been refreshed and updated. Do new-starters receive training as part of onboarding?

Do you have records to demonstrate what you have done – they could be vital in defending a claim.

3. Third Party Harassment

Preventing third party harassment should start with a risk assessment. Where do your team come into contact with third parties and what are the potential risks?

Harassment by clients/ customers is clearly a risk for anyone working in direct contact with them, especially if there are additional risk factors involved, such as the possibility of heightened emotions, if alcohol has been consumed or where an employee is a lone-worker.

Identify each scenario and try to devise preventative/ protective measures. For client-facing roles that might include making it clear you operate a zero-tolerance policy to abusive or harassing behaviour by using signage or recordings at the start of calls. Anyone crossing the line could be required to leave and known offenders barred from returning.

If employees are meeting clients away from the workplace they need to be aware of how to de-escalate any situation that arises and how to keep themselves safe.

Employees must feel comfortable reporting a client who has harassed them or been abusive and be confident that appropriate action will be taken.

But remember – the duty is to prevent where reasonably possible – it is not enough just to have a good process once harassment has occurred.

4. Reporting harassment

Try to create multiple channels for reporting – line manager, HR, Director for example. Larger organisations might also have some form of anonymous reporting (though this can cause its own problems when you come to investigating complaints).

It is essential that anyone raising a concern knows that they will be treated with respect and be protected from any possible retaliation. Those making reports of sexual harassment may now be further protected under whistleblowing legislation as they can qualify as protected disclosures.

5. Monitoring and culture checks

Consider using occasional anonymous surveys on workplace culture – ‘Do you feel safe?’ ‘Have you experienced any harassment from colleagues or others?’. Be aware of a culture where banter that could verge on harassment is the norm – this can be a particular issue when new people join a team and may feel differently about some of the comments just seen as ‘a laugh’ by others.

6. Have a plan to deal with third party harassment

How would you handle a report of harassment by a third party? It’s certainly not enough to say ‘We can’t control what our customers think or say, you just need to toughen up a bit!’. Clearly you need to take any report seriously and conduct an investigation if appropriate. Other actions might include:

Banning the client/ customer, or ensuring that the affected employee doesn’t have to deal with them again
If the harasser is a supplier/ contractor, speaking to their HR department or manager
Providing support to the employee – that might just be check-ins, or possibly counselling
Review of policies, signage etc
Document what you’ve done

Remember – you only have to take ‘reasonable’ steps – you can’t screen every client, but you can set clear expectations around behaviour, train staff in dealing with issues and have a clear protocol.

7. What are ‘all reasonable steps’?

This is not clearly defined in law, in part at least because what is ‘reasonable’ will vary from employer to employer, depending on the type of business and size of the organisation. How will you know when you’ve done enough? Basically you need to think about what steps might help to reduce harassment and, if implementing them wouldn’t be unreasonably expensive or disruptive, then you should put them in place.

The ERA 2025 has promised more detail and possible regulation, but don’t wait! You should act now – examples might include:

Having a clear policy that employees are aware of and understand, including how to report incidents
Performing a risk assessment – seen by tribunals as an essential first step
Physical signage setting out expectations and warning that harassment will not be tolerated
Recorded warnings at the start of telephone calls
Empowering employees to discontinue calls or other interactions if they feel harassed
Barring offenders from accessing services; reserving the right to remove third parties from the premises
Debriefs – providing ‘cool-down’ time and management support for anyone who has experienced harassment
Reporting to the police where appropriate
Regular training of all employees in responding to and reporting harassment, plus additional training for managers in spotting harassment and dealing with reported incidents
Opportunities for employees to provide feedback and make suggestions
Regular review of the policy, particularly in light of any reported incidents

Remember – it’s better to do more than absolutely necessary than to face a tribunal saying ‘You could easily have done x but you chose not to’

8. Act now!

Audit what you have in place now and ask yourself, are you really doing everything you reasonably can to prevent harassment?

Conduct that risk assessment! And talk to your employees to understand their concerns, listen to their ideas.

Proactively creating an environment where harassment is not tolerated not only protects you legally, it also creates a positive culture where everyone feels safe, valued and respected.

Please note – the information in this article is for guidance only and is not a substitute for specific legal advice.

Need help?

Employment Law