What will “all reasonable steps” entail?

Rather unhelpfully, the ERA 2025 does not expressly say what it considers “all reasonable steps” to be. Instead, the government will be consulting on regulations to come into force, expected during 2027 or even 2028, on what they consider to be (or not be) reasonable steps to prevent sexual harassment. This is likely to include steps around risk assessments, policies and action plans, reporting and the handling of complaints. The government has also previously stated that “all reasonable steps” will look different for each employer, depending on circumstances including the employer’s size, the sector it works in, the working environment, its resources and “other relevant facts”.

Whilst we await this updated guidance, the EHRC Technical Guidance and the Eight-step Guide on preventing sexual harassment at work, introduced when the preventative duty first came into force in 2024, should be revisited. Sector specific guidance provided by the EHRC, including for the hospitality sector, should also be reviewed again where relevant.

Harassment by third parties

Additionally, also from 30 October 2026, employers could find themselves liable for harassment (in relation to all relevant protected characteristics) taking place in the course of a person’s employment if they fail to take all reasonable steps to prevent the harassment from taking place. Employers, especially those whose staff operate in public facing roles, could face claims based on the conduct of any person their staff come into contact with during the course of their employment.

Steps to take now

A high-level overview of the steps which should be taken now is set out below. As no two employers are the same, specific advice is always recommended in relation to an employer’s individual circumstances:

Now and throughout August	✔ Revisit the EHRC technical guidance and the eight-step guide on sexual harassment at work ✔ Check your sexual harassment policy – are any updates needed? ✔ Consider the daily interactions your staff have: who do they come into contact with, what are the risks of sexual harassment taking place, and what steps could be taken to prevent it? Consider third party interactions specifically. ✔ What other policies might be relevant in light of the above (disciplinary, code of conduct, visitor policy, social media use policy)? Are any updates needed to them? How can you effectively communicate these policies with third parties? ✔ Review your current risk assessment: has anything changed since this was last completed? Can more be done? ✔ Engage with staff: re-run a staff survey, meet with staff reps (including trade union reps) to check levels of awareness and concern in relation to these issues ✔ Review existing data (exit interviews, grievances and disciplinary cases, other complaints) to see if there are themes on harassment which need addressing – create an action plan to address any issues
September	✔ Review and update your risk assessment. As a reminder, the EHRC has previously said that an employer is very unlikely to be able to comply with the preventative duty without a risk assessment in place ✔ Review your reporting mechanisms: are there multiple channels to report harassment, do staff know what these channels are and how to use them? ✔ Review your training: when was training last carried out? Is it adequate and still relevant to the workplace? ✔ Review manager awareness: are your managers confident in how to deal with complaints of sexual harassment? If not, how can this be improved? ✔ Review your monitoring and evaluation procedures: what are they and are they sufficient? Are lessons learned and changes implemented when issues are identified? ✔ Review your support offering: what support do you offer to victims, witnesses and those accused of harassment? How is this support rolled out? ✔ Prepare a training and communication plan to action in October, to roll out updates and changes on policies and refresh staff training.
October	✔ Implement any changes to your risk assessment ✔ Communicate changes to policies and your zero tolerance stance on harassment to staff and other third parties, including how to report harassment ✔ Roll out any new training that has been identified, or training refreshers, to all staff
30 October 2026 – changes come into force
Ongoing	✔ Continue to monitor issues as they arise, take steps to address them, and periodically report on any issues identified ✔ Ensure training is kept relevant and updated ✔ Continue to engage with staff

How can we help?

At Greenwoods, our Employment Team is well prepared and suited to assist with any concerns relating to the above. If you need help with any aspect of the steps suggested above, please feel free to get in contact with us and we will be able to advise on a suitable way forward.

Preventing Sexual Harassment: is your organisation ready for 30 October 2026?