Harassment at work: the legal bar rises on 30 October 2026

What is it?

Since 26 October 2024, employers have had a legal duty to take reasonable steps to prevent sexual harassment of their employees. From 30 October 2026, the Employment Rights Act 2025 raises that to all reasonable steps.

On the same date, employers become liable for harassment of their staff by third parties, such as customers, clients, contractors, service users and members of the public, unless they've taken all reasonable steps to prevent it. It isn't limited to sexual harassment. It also covers harassment related to age, disability, gender reassignment, race, religion or belief, sex and sexual orientation, online as well as face to face. Unlike the old rule scrapped in 2013, there's no "three strikes" test. A single serious incident can be enough.

The government can also set out specific steps to prevent sexual harassment in future regulations.

What does it mean for you?

Discrimination compensation is already uncapped. If a sexual harassment claim succeeds and the tribunal finds you breached the duty, it can add up to 25%. The Equality and Human Rights Commission can also take enforcement action.

All reasonable steps is a demanding test. It mirrors the defence employers already use when an employee harasses a colleague, and tribunals set a high threshold for that defence. Employers need to:

✅ Carry out a harassment risk assessment that includes third parties, and act on it

✅ Make sure your policy covers third parties and staff have more than one way to report

✅ Train staff and managers, and refresh it

✅ Tell customers and suppliers what you expect, through your terms and notices

✅ Record incidents, what you did, and why you ruled out any steps

How Lansbury HR can help

We can carry out your risk assessment, update your policies and train your managers, so you can show exactly what you've done. Get in touch.

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