On 30 October 2026, the duty on employers to prevent sexual harassment became stricter. Employers in England, Scotland and Wales must now take “all reasonable steps”, where before they had to take “reasonable steps”, and they can also be responsible when a customer, client or contractor harasses one of their staff. This guide explains what changed, what is still to be decided and the practical steps employers can take.
What the duty required from October 2024
The duty to prevent sexual harassment sits in section 40A of the Equality Act 2010. It was added by the Worker Protection (Amendment of Equality Act 2010) Act 2023 and came into force on 26 October 2024. It says an employer must take reasonable steps to prevent sexual harassment of its employees in the course of their employment.
The section does not list the steps an employer has to take. Each employer had to decide what was reasonable for its own workplace, and that is still true today.
What “all reasonable steps” adds
The Employment Rights Act 2025 added one word to the duty. Under section 20 of the Act, from 30 October 2026 an employer must take all reasonable steps to prevent sexual harassment of its employees. GOV.UK describes these as the steps that are reasonable for the organisation to take.
The Act does not define the phrase. What is reasonable depends on your organisation and the risks in it: a small café, a busy warehouse and a care home will not look the same. What stays constant is that the duty is preventative. It asks what you did to stop harassment happening, not only how you responded afterwards.
The Equality and Human Rights Commission (EHRC) updated its technical guidance on harassment at work on 30 October and published an 8-step guide for employers. Both are worth reading in full.
Harassment by customers, clients and contractors
From the same date, section 21 of the Act means an employer must not permit a third party to harass one of its employees. An employer is in breach if the harassment happens in the course of the employee’s employment and the employer did not take all reasonable steps to prevent it. A third party is anyone other than the employer or its employees.
This is wider than sexual harassment. GOV.UK says it covers all types of harassment under the Equality Act 2010, with exceptions for pregnancy and maternity, and for marriage and civil partnership.
In practice, think about where your staff deal with people who are not colleagues. For example:
- a customer who makes sexual comments to a member of bar or restaurant staff
- a client who touches or propositions a consultant during a meeting
- a contractor who keeps making remarks about a colleague’s body on a site
- a visitor who harasses a care worker or receptionist
These are illustrations, not a list of what the law covers. The point is that the risk can come from outside your team, and the duty asks you to think about it before it happens.
What the regulations will and will not say
Section 22 of the Act lets the government make regulations that set out steps to be treated as reasonable. Those regulations have not been made. A GOV.UK factsheet says to expect them in 2027/28, after consultation, and that a call for evidence has already taken place.
The steps that may be specified include carrying out assessments, publishing plans or policies, and steps on reporting and handling complaints. The factsheet is also clear about the limit: complying with any specified steps will not remove the broader duty, because employers must also take the other preventative steps that are reasonable in their circumstances.
So there is no reason to wait. The duty applies now, and the regulations are expected to add detail to it, not replace it.
Practical steps employers can take
No single step is enough on its own. These are the building blocks most employers will want to think about. They echo the kinds of steps the government has said the regulations may cover, but this is a general list, not a legal checklist.
- Assess the risk. Where, when and with whom might your staff be vulnerable? Consider lone working, late shifts, alcohol, customer-facing roles, client sites and online contact, and write down what you find.
- Write a clear policy. Say what is not acceptable, including from customers and contractors, how to report it and what happens next. Use plain language that people will actually read.
- Make reporting safe and easy. Offer more than one route, including someone other than a line manager, and make it clear that people will be believed and will not be penalised for speaking up.
- Handle complaints with care. Act promptly and fairly, keep records and keep the person who raised the concern informed as far as you can.
- Train your people. Managers and staff should understand what harassment looks like, how to respond if someone tells them and how to step in safely.
- Review regularly. Revisit your approach after an incident, when you open a new site or take on a new contract, and at set intervals.
Training is one step among several. It works best when it supports your policy and reporting routes rather than replacing them.
Why survivor-informed training is different from tick-box e-learning
A short online module can explain a definition and show an example. What it rarely does is let people hear what harassment is like from the inside, ask the questions they would not put in writing, or practise what they would say.
Survivor-informed training has a different aim: to help people recognise what harassment looks like in real workplaces, feel able to speak up, and know what to do next. At The Jessica Project, our team includes qualified ISVAs, IDVAs, ChISVAs, ISACs and stalking specialists, and our Safer Workplaces training is built around that experience.
Domestic abuse and the workplace
Sexual harassment is one form of violence against women and girls. Domestic abuse and sexual violence are others, and they do not stay at home. For some people, work is the place where they can be away from home and speak to someone they trust.
That makes managers, HR teams and colleagues more important than they may realise. If someone tells you about abuse, listen and believe them. Let them decide what happens next, avoid pressing for details, and do not contact their partner or confront anyone. Signpost to specialist help instead.
If someone is in immediate danger, call 999. The National Domestic Abuse Helpline is free and confidential on 0808 2000 247.
Frequently asked questions
Does this apply to small employers?
Yes. The duty in section 40A of the Equality Act 2010 is placed on employers, and the section has no exemption for small businesses. What counts as reasonable will look different for a team of five than for a company of five thousand.
Does the duty apply in Northern Ireland?
No. GOV.UK says the measures apply to England, Scotland and Wales, but not Northern Ireland.
Do we need to wait for the regulations before we act?
No. The “all reasonable steps” duty has applied since 30 October 2026 and does not depend on the regulations. The government says the regulations are expected in 2027/28 after consultation, and that complying with any steps they specify will not remove the broader duty.
What should we do if a member of staff tells us about abuse at home?
Listen, believe them and let them decide what happens next. Do not push for details, do not contact their partner or confront anyone, and do not promise to keep a safety risk secret if someone is in immediate danger. Signpost to specialist help, such as the free National Domestic Abuse Helpline on 0808 2000 247, and call 999 in an emergency.
Where can I find official guidance?
Start with the GOV.UK page on workplace sexual harassment and third-party harassment, the EHRC technical guidance on harassment at work and the EHRC 8-step guide for employers. Acas also publishes guidance on sexual harassment and on third-party harassment.
Support for your organisation
If you would like help turning the duty into practical action, our Safer Workplaces training combines survivor-led modules with risk assessment templates and support with policy development.
Explore Safer Workplaces training
This is general information, not legal advice. For advice on your own situation, speak to a qualified employment law adviser or to Acas.