Sexual harassment compliance in the UK is undergoing a fundamental transformation. A new and overlapping set of legal reforms has shifted employer obligations from a largely reactive model to a proactive, preventative duty. Employers are no longer expected simply to respond to incidents once they occur; they must now take meaningful, demonstrable steps to stop harassment before it happens.
Two pieces of legislation are driving this change: the Worker Protection (Amendment of Equality Act 2010) Act 2023 and the Employment Rights Act 2025. Together, they significantly raise the bar for what employers are expected to do. This blog explains what’s changing, how the laws interact, and what “all reasonable steps” means in practice.
From Damage Control to Active Prevention (Sexual Harassment Compliance)
Historically, an employer could defend a sexual harassment claim by showing that it had taken some preventative measures — such as having a policy or offering occasional training. Although this defence still exists, it has been substantially strengthened.
The Worker Protection Act, effective from 26 October 2024, amended the Equality Act 2010 to introduce a new statutory duty requiring employers to take reasonable steps to prevent sexual harassment.
The Employment Rights Act 2025 goes further still. It raises the standard to “all reasonable steps” and reintroduces employer liability for harassment carried out by third parties, such as customers or members of the public. The combined effect is a clear legal expectation: employers must actively identify risks, put effective controls in place, and be able to evidence what they have done.
How Sexual Harassment is Defined in Law
Under the Equality Act 2010, sexual harassment is defined as unwanted conduct of a sexual nature that has the purpose or effect of:
- violating a person’s dignity, or
- creating an intimidating, hostile, degrading, humiliating, or offensive environment
This definition is intentionally broad. It can include everything from sexual jokes or comments to unwelcome touching or assault, provided the behaviour has the prohibited effect.
Importantly:
- Protection applies regardless of gender or sexual orientation
- Harassment can be carried out by coworkers, managers, or third parties
- Employers are vicariously liable for harassment by employees unless they can show they took all reasonable steps to prevent it
- Victimisation (retaliation against someone who raises a complaint) is unlawful
The Shift to “All Reasonable Steps” in Sexual Harassment Compliance
One of the most significant changes is the move from “reasonable steps” to “all reasonable steps.” This is not a cosmetic change in language — it raises the compliance threshold considerably.
In practice, it means that partial measures or tick‑box compliance will no longer be enough. Employers must implement every preventative step that is reasonably practicable in their specific circumstances. If a measure could realistically have reduced the risk of harassment and was feasible, regulators and tribunals will expect to see that it was taken.
Whistleblowing and NDA Reforms
Further reforms are on the horizon. As an example, April 2026, disclosures of sexual harassment will explicitly qualify as protected disclosures under whistleblowing legislation. This gives individuals who raise concerns:
- protection from detriment, and
- automatic protection from unfair dismissal
In addition, the law will significantly restrict the use of non‑disclosure agreements (NDAs) in harassment cases. Any clause that attempts to prevent a worker from reporting or discussing workplace harassment or discrimination will be legally void. Employers will no longer be able to rely on confidentiality provisions to silence complaints.
Third‑Party Harassment: A Major Risk Area
From October 2026, employers will be liable for harassment of their staff by third parties — including customers, clients, and contractors—unless they can show they took all reasonable steps to prevent it.
Key points to note:
- Liability applies to all forms of unlawful harassment, not just sexual harassment
- There is no requirement for prior incidents
- The old “three strikes” rule has been abolished
This means a single incident of customer harassment could result in tribunal liability if adequate preventative steps were not in place.
What Does “All Reasonable Steps” Actually Include?
While there is no exhaustive checklist, regulators and guidance are clear about the types of measures employers are expected to take. These typically include:
- Risk assessments
Identifying where, how, and to whom harassment might occur - Targeted policies
Clear behavioural rules for staff, clients, and third parties - Regular, role‑specific training
Delivered consistently and refreshed over time - Trusted reporting routes
Clear escalation paths that allow early intervention - Active monitoring
Culture checks, follow‑ups, and continuous improvement
The move to “all reasonable steps” means employers must be able to explain why particular steps were or were not taken — and justify those decisions.
Why Risk Assessments Are Essential
Failing to carry out a sexual harassment risk assessment will make it extremely difficult to show compliance with the new duty. Employers are expected to actively assess risks rather than assuming policies alone are sufficient.
This includes identifying:
- high‑risk roles or environments
- power imbalances
- lone working or customer‑facing situations
- social or informal settings linked to work
Active Prevention, Not Passive Policies
Regulators are clear that waiting for complaints is no longer acceptable. Employers must show they actively monitor workplace culture and wellbeing.
The Equality and Human Rights Commission has emphasised the importance of tools such as staff surveys, anonymous reporting channels, and regular policy reminders to “spot problems early” and assess whether preventative measures are working.
Final Thoughts
The shift from reactive compliance to proactive prevention is one of the most significant changes in UK workplace harassment law in decades. Employers must now be able to demonstrate a comprehensive, thought‑through approach to preventing sexual harassment across their organisation.
Those who act early — by conducting risk assessments, strengthening training, and embedding prevention into workplace culture — will be best placed to meet the new legal standard and protect their people.
If you would like to speak with us about sexual harassment compliance or any of the issues discussed above, please feel free to get in touch.
