Harassment at work: the bar has been raised and the EHRC has updated its guidance

A client makes a crude remark to your receptionist. A contractor won't take no for an answer. A colleague goes too far at the Christmas party. Until recently, some of these situations might have fallen outside an employer's legal responsibility. Not any more.

Since 30 October 2026, employers have had to take "all reasonable steps" to prevent sexual harassment of their workers. Before then, "reasonable steps" was enough. Three extra letters make a big difference: the new standard is much harder to meet.

On the same date, a second change took effect. Employers are now liable if a third party, such as a customer, client or contractor, harasses an employee in the course of their employment and the employer failed to take all reasonable steps to prevent it. This covers every type of harassment under the Equality Act 2010, not only sexual harassment.

The Equality and Human Rights Commission (EHRC) has refreshed its technical guidance and its shorter 8-step guide to match. The consequences of getting it wrong are real: the EHRC can take enforcement action, and tribunals can award higher compensation where claims succeed.

So what does "all reasonable steps" look like in practice?

Preventing sexual harassment

1. Know your risks. A policy on the intranet is not a risk assessment. Look honestly at where harassment could happen in your organisation, including power imbalances, lone working and late-night messages.

2. Make training stick. The EHRC is clear that a policy alone won't save you if training is inadequate or managers haven't really understood it. A box-ticking e-learning module is unlikely to pass the test.

3. Get ahead of the party season. The EHRC singles out workplace and social events as higher-risk settings. With Christmas weeks away, now is the time to set expectations on behaviour, decide how alcohol will be managed and make sure staff know who to turn to.

4. Make speaking up easy. Give people more than one route to raise concerns, act quickly when they do, and use what you learn to update your risk assessment.

Preventing third-party harassment

1. Name it in your policy. The EHRC expects policies to deal with third-party harassment specifically. They should explain what it is, make clear it won't be tolerated, encourage staff to report it and say how you'll prevent it.

2. Map the front line. Where do your people deal with customers, patients, contractors or the public? Put proportionate controls in place, such as signs at reception or a recorded message at the start of calls.

3. Back your managers. Staff need to know how to handle difficult third parties, and managers need to know they're allowed to act. That might mean warning a client, refusing service or escalating the issue.

4. Check the paperwork. Build conduct expectations into your terms with clients, suppliers and contractors.

The bottom line

"All reasonable steps" is a high bar for both duties. If your approach is ever challenged, your best defence is evidence: keep records of your risk assessments, training and how you handled complaints.

Find out more

If you would like support reviewing your policies, training or risk assessments, please get in touch with Siobhan Mulrey & Heather Stickland.

Learn more about the Sexual & Third-Party Harassment support we can provide.

Employment Law has undergone multiple changes this year through the Employment Rights Act 2025. For information on these changes and how we can help you, explore our ERA Hub.