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"All Reasonable Steps" Checker: Preventing Sexual Harassment at Work (UK, 2026)

What does 'all reasonable steps' to prevent sexual harassment mean?

From 30 October 2026, employers in Great Britain must take all reasonable steps to prevent sexual harassment of their employees (Equality Act 2010 s.40A, as amended by the Employment Rights Act 2025), and become liable for harassment of their staff by third parties such as customers when they failed to take all reasonable steps. The EHRC's guidance sets out eight steps: policy, engaging staff, risk assessment, reporting, training, handling complaints, third parties, and monitoring. A tribunal can raise compensation by up to 25% where the duty was breached.

Since October 2024 employers have had to take reasonable steps to prevent sexual harassment. On 30 October 2026 that becomes all reasonable steps, and employers become liable when customers, clients or contractors harass their staff.

Rate where you are on each of the EHRC's eight steps; the checker weights them for how much your staff deal with the public, lists the gaps in order, and writes an action plan you can copy.

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Built by Muhammad Shahzeb Anwar, MSc Industrial and Organizational Psychology. Dates and duties checked on legislation.gov.uk; the eight steps follow the Equality and Human Rights Commission's guidance.

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The eight steps

A written policy that names sexual harassment and harassment by third parties (customers, clients, contractors), says how to report and what happens next, and is actually communicated to every worker.
You ask staff about their experience: anonymous surveys, one-to-ones, exit interviews, and listening to staff networks or unions.
A recorded assessment of where harassment is likely (power imbalances, lone or night working, alcohol, customer contact, travel, online work) with actions to reduce each risk.
More than one way to report, including one that bypasses the line manager, and an anonymous option, which staff actually know about.
Training tailored to role: what harassment is and how to report it for everyone; how to respond and investigate for managers; bystander skills.
Complaints dealt with promptly, fairly and confidentially, with support for the person who complained, a clear outcome, and protection from victimisation.
Steps to protect staff from customers, clients and contractors: notices, terms of business, the power to refuse service or remove people, and a way to report it.
You record complaints and their outcomes, look for patterns, and check that the measures work, then change them.

    What changes on 30 October 2026

    The Employment Rights Act 2025 makes three changes, commenced by SI 2026/1065. Section 20 changes the preventative duty in section 40A of the Equality Act 2010 from "reasonable steps" to "all reasonable steps". Section 21 adds a new section 40(1A) to (1C): an employer must not permit a third party to harass its employee, and it "permits" harassment only if the harassment happens in the course of employment and the employer failed to take all reasonable steps to prevent it. Section 22 lets the government define in regulations what counts as reasonable steps; none had been made when we checked.

    The duty in section 40A is enforced by the Equality and Human Rights Commission, and through compensation: where a sexual harassment claim succeeds and the tribunal finds the duty was breached, it must consider increasing the award by up to 25% (section 124A). Northern Ireland has its own law.

    What 'reasonable' depends on

    Acas and the EHRC say it depends on the size and resources of the organisation, the sector and the kind of work, and the risks staff face, including online. The duty is about prevention, not only about responding well when someone complains. A large hospitality business would be expected to do far more than a five-person office, but neither can do nothing.

    Before you rely on this

    What this will not tell you

    This is a self-assessment, not legal advice: the score reflects your own answers and a simple weighting, and a tribunal looks at the facts of each case. Whether the new third-party liability reaches harassment related to other protected characteristics is a question to take advice on. The law described applies in England, Scotland and Wales. Nothing you type leaves your browser.

    Questions

    Questions people actually ask

    When does the 'all reasonable steps' duty start?

    On 30 October 2026, under section 20 of the Employment Rights Act 2025, commenced by SI 2026/1065.

    Are employers liable for harassment by customers?

    From 30 October 2026, yes, if the harassment happens in the course of employment and the employer failed to take all reasonable steps to prevent it.

    What is the penalty for breaching the preventative duty?

    There is no separate claim for it, but a tribunal can increase compensation by up to 25% on a successful sexual harassment claim, and the EHRC can take enforcement action.

    Does the duty apply to small businesses?

    Yes, to every employer. What counts as reasonable is judged against the size and resources of the business.

    What are the EHRC's eight steps?

    A policy, engaging staff, risk assessment, reporting routes, training, handling complaints, dealing with third-party harassment, and monitoring and evaluating.

    Does a harassment policy alone meet the duty?

    No. A policy that is not communicated, backed by training and reporting routes, and reviewed is unlikely to be enough.

    Where every rule comes from

    Sources

    Checked against the text of the law on 17 October 2026. Laws and notified rates change; if a source below has moved on, the source wins over this page.

    1. Equality Act 2010, section 40A (duty to prevent sexual harassment): https://www.legislation.gov.uk/ukpga/2010/15/section/40A
    2. Equality Act 2010, section 124A (compensation uplift): https://www.legislation.gov.uk/ukpga/2010/15/section/124A
    3. Employment Rights Act 2025, section 21 (harassment by third parties): https://www.legislation.gov.uk/ukpga/2025/36/section/21
    4. SI 2026/1065, regulation 3: commencement on 30 October 2026: https://www.legislation.gov.uk/uksi/2026/1065/regulation/3/made
    5. EHRC: an 8-step guide for employers on preventing sexual harassment at work: https://www.equalityhumanrights.com/employer-8-step-guide-preventing-sexual-harassment-work
    6. Acas: sexual harassment law changes: https://www.acas.org.uk/employment-rights-act-2025/harassment-law-changes/sexual-harassment
    Citation

    Cite this tool

    Free to use and free to quote. If a figure here is useful in something you are writing, a link back is all that is asked.

    Muhammad Shahzeb Anwar, MSc Industrial and Organizational Psychology. All Reasonable Steps Checker: Sexual Harassment Duty (UK). Shahzeb Speaks. https://www.shahzebspeaks.com/sexual-harassment-reasonable-steps-checker/

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