Written by Ann Barker, Head of Growth and Engagement, WorkInConfidence
From 30 October 2026, employers will face a strengthened duty to prevent sexual harassment at work.
The change may sound small. Under the current law, employers are required to take reasonable steps to prevent sexual harassment. From 30 October, that becomes “all” reasonable steps.
But that one additional word matters.
It moves the emphasis even more firmly towards prevention – identifying where sexual harassment could occur, putting appropriate measures in place, and being able to demonstrate that everything reasonable has been done to reduce the risk.
For HR teams already managing increasingly complex responsibilities around workplace behaviour and culture, now is a good time to ask: are we ready?
The preventative duty introduced by the Worker Protection (Amendment of Equality Act 2010) Act 2023 has applied since October 2024. The Employment Rights Act 2025 strengthens that duty further.
ACAS explains that taking all reasonable steps means employers will be expected to take all of the steps that are reasonable for their organisation, rather than selecting some of them.
Exactly what those steps look like will vary. The size of the organisation, sector, working environment, nature of employees’ roles and the risks they encounter can all be relevant.
For some organisations, therefore, considerably more may be expected than for others.
The key question becomes:
Is there anything else we could reasonably have done to prevent this?
One of the most important aspects of the legislation is its preventative focus.
An organisation cannot simply wait for an incident to occur and then respond appropriately. Employers have to consider where the risks lie before something happens.
That could include risks associated with:
- Employees working alone with customers, clients or service users
- Work-related social events and alcohol
- Power imbalances or seniority
- Business travel and overnight stays
- Particular locations or working arrangements
- Online communications and social media
- Employees who may be particularly vulnerable
A risk assessment should therefore look beyond whether an organisation has previously received complaints.
An absence of complaints does not necessarily mean an absence of risk.
That distinction is important. Employees do not always report inappropriate behaviour, particularly where the person involved is senior, influential or important to the organisation.
This is an area where the latest ACAS guidance is particularly interesting. In its advice to employers preparing for 30th October, ACAS specifically recommends that workers have more than one way to report sexual harassment.
This matters because no single reporting route will work for everybody. An employee may be comfortable speaking to their line manager. Another may not be, particularly if the concern involves that manager or somebody senior to them.
Others may prefer to approach HR, a designated contact, or representative. And there will be situations where someone is only prepared to raise a concern if they can do so confidentially or anonymously.
Providing different routes gives people choices.
Just as importantly, employees need to know about the existence of those routes, understand how to use them, and trust that their concern will be taken seriously.
A reporting channel that nobody feels able to use provides very little protection at all.
A robust sexual harassment policy remains an essential part of an employer’s approach. But having the document is only one step.
Employers should also consider whether:
- The policy is current and regularly reviewed
- Employees know where to find it
- People understand what constitutes sexual harassment
- Training reflects the particular risks within the organisation
- Managers know what to do when a concern is raised
- Reporting routes are clear and accessible
- Complaints are recorded and handled consistently
- Previous incidents and concerns are reviewed for patterns
- Employees understand that inappropriate behaviour will be taken seriously
ACAS provides some very useful practical examples of what taking, and not taking, all reasonable steps could look like in practice. They are well worth reading alongside the guidance:
The changes coming into force on 30th October also strengthen protection from harassment by third parties.
That could include customers, clients, patients, service users, contractors or members of the public. For some sectors this is particularly significant.
A healthcare employee dealing with patients, a retail worker serving customers, or an employee attending client events may face very different risks from someone working predominantly with colleagues in an office.
Employers therefore need to think about who their people interact with as part of their work, where those interactions take place and what reasonable measures could reduce the risks.
This makes a one-size-fits-all approach increasingly difficult to justify.
One of the challenges for employers is identifying risks that may not yet have resulted in a formal complaint.
Employees often see and experience things that do not appear on an HR dashboard.
There may be a team where inappropriate “banter” has become normalised. An employee may have experienced behaviour from a customer that made them uncomfortable but did not feel serious enough to report formally. Or people may simply have little confidence that speaking up will make a difference.
Providing safe ways for people to raise concerns can help organisations see those warning signs earlier.
Anonymous reporting can be particularly valuable as an additional route. It can enable someone to raise something they might otherwise keep to themselves, and give the organisation an opportunity to identify and address risk.
Employee surveys can also help. ACAS suggests anonymous surveys as one way employers can understand people’s experiences of sexual harassment at work.
The objective isn’t simply to create more reporting channels.
It is to create a culture in which people feel safe enough to use them.
If an organisation is ever required to demonstrate that it took all reasonable steps, being able to evidence what was actually done will matter.
That could include records of risk assessments and reviews; policies and communications; training and attendance; reporting routes; concerns raised and how they were handled; actions taken following incidents; employee feedback; and evidence that trends and recurring issues have been monitored.
Good case management can therefore provide more than an administrative record.
It can help organisations demonstrate that concerns were heard, action was taken, and lessons were learned.
With the new duty approaching, these six questions provide a useful starting point:
1. Have we assessed where sexual harassment could realistically occur in our organisation?
2. Have we considered risks involving customers, clients, patients, service users, and other third parties?
3. Do employees have more than one safe and accessible way to report a concern?
4. Are our policies, communications and training current and appropriate for our particular workplace?
5. Can we identify patterns or recurring issues from concerns, cases and employee feedback?
6. Could we evidence the preventative steps we have taken if we were asked to do so?
If the answer to any of those questions is unclear, there is still time to review what is in place.
The strengthened duty understandably creates another compliance consideration for HR. But there is a wider opportunity too.
The measures that help prevent sexual harassment – listening, identifying risks, giving people safe ways to speak up, responding appropriately, and learning from concerns, are also the foundations of a healthier workplace culture.
Preparing for 30th October does not therefore need to be simply an exercise in legal compliance. It can be an opportunity to look again at whether people really do feel able to speak up when something isn’t right.
Because the best time to hear about a problem is not when it has become a formal grievance, tribunal claim or headline. It’s when there is still an opportunity to do something about it.
Our updated WorkInConfidence Guide to the Worker Protection Act and All Reasonable Steps provides a practical overview of the changes and the steps employers can consider ahead of 30th October.
And for further guidance, including useful practical examples of what taking all reasonable steps can look like, visit the ACAS guidance:
Read the ACAS Guidance on the October 2026 Sexual Harassment Law Changes
At WorkInConfidence, we help organisations capture meaningful employee feedback in a way that supports trust, transparency and action, using anonymous two-way communication designed to encourage honest voice.
If you’d like to explore what that could look like for your organisation, we’re happy to share examples and walk you through it.
Email: [email protected] I Tel: 0114 304 9648
FAQ's
It means employers must be able to demonstrate and evidence they have taken every practical and proportionate action to prevent sexual harassment, not just have a policy in place.
No. Employers must show that policies are understood, used, and supported by training, reporting routes, as well as taking action.
While not mandatory, a trusted reporting route is often considered a key part of demonstrating “all reasonable steps”. It enables people to come forward to report matters, (and with WorkInConfidence remain anonymous if they choose). In this way employers can find out early if there are any issues that need to be addressed.
A safe and secure two-way anonymous channel for your people to raise concerns via phone, tablet, or PC, ensuring you are aware of any workplace issues, and can respond quickly and accordingly
Easily set up, run and interpret surveys on engagement, respect, wellness or other topics to ensure you always understand your people, their needs and motivations.
A confidential external phone line with a dedicated Speak Up Guardian for your people to raise concerns with. We also provide training in Freedom to Speak Up, Speaking up and safeguarding processes.