Employment Rights Act 2025: What Steps Can Employers Take

Published byLiam A Entwistle

12th November 2026

As part of the recent changes made by the Employment Rights Act 2025, the law relating to workplace sexual harassment is continuing to evolve.

Since October 2024, employers have been under a positive duty to take reasonable steps to prevent the sexual harassment of employees during their employment, including harassment committed by third parties.
However, from October 2026, this obligation has been strengthened, requiring employers to take all reasonable steps to prevent harassment of staff, including by third parties.

This is a major change. The change from “reasonable steps” to “all reasonable steps” significantly enhances harassment protection for employees whilst placing a larger burden on employers to prevent harassment of their employees.

Accordingly, employers will need to demonstrate not only that they took some preventative action, but that they actively considered and implemented every reasonable preventative measure available to them.

For more information on the impending changes, you can have a read over our previous bulletin which covers just that - https://www.wjm.co.uk/news/employment-rights-act-2025-october-changes-explained/

What Does “All Reasonable Steps” Mean?

Although the Government has indicated that regulations and further guidance will be introduced to clarify the new duty, these are not expected until 2027, long after the strengthened obligation has already come into force.

This creates a period of uncertainty between now and the publication of those regulations.

In practice, employers should prepare on the basis that they may later need to "show their workings" before a tribunal. Careful record keeping will therefore be just as important as the preventative measures themselves.

Practical Steps Employers Should Consider.

While we await this further legislative guidance, there are several measures that employers should consider implementing now in preparation for the enhanced duty.

1. Conduct and Review Risk Assessments

A thorough risk assessment is likely to be the starting point for compliance. Employers cannot reasonably be expected to take all reasonable steps unless they first identify the circumstances in which harassment risks may arise.

Risk assessments should consider both internal workplace interactions and external interactions with third parties. In particular, employers operating within customer facing sectors such as retail, hospitality, healthcare and social care should be careful to assess situations where employees may be exposed to inappropriate behaviour from clients, customers or service users.

Consulting employees as part of the assessment process could prove to be especially valuable, allowing employers to identify practical measures that staff believe would improve safety and reduce risk.

Factors that may increase the risk of harassment include:
• Younger employees, apprentices and interns
• Neurodivergent employees who may encounter additional vulnerabilities
• Those who work alone with clients, customers or service users
• Work related social events involving alcohol
• Power imbalances between individuals
• Business travel and overnight stays
• Workforces with significantly unbalanced demographic compositions

2. Review Workplace Policies

Anti-harassment policies should be reviewed and updated considering any identified risks. Details of changes should be communicated to employees.

Policies should clearly explain:

• What sexual harassment is
• Examples of unacceptable behaviour
• How employees can identify inappropriate conduct
• What individuals should do if they witness or experience harassment
• How concerns can be reported
Some employers may also wish to consider introducing a dedicated sexual harassment policy, rather than dealing with the issue solely within a broader dignity at work or anti-bullying policy.

3. Communicate Expectations Clearly

Having appropriate policies is only part of the solution. Employers must also ensure that those policies are effectively communicated.

Clear statements of zero tolerance towards harassment should be shared with:
• Employees
• Agency workers and contractors
• Customers and clients
• Service users
• Other third parties interacting with the organisation
This communication may take various forms, including staff handbooks, contractual documentation, websites, signage, induction materials and periodic reminders.
Employers should ensure that everyone interacting with the business understands that harassment will not be tolerated and may result in action being taken.

4. Delivery of Meaningful Training

Training is often the area that receives the greatest scrutiny in employment litigation.
Employers should provide regular and appropriate training covering:
• Recognition of sexual harassment
• Reporting procedures
• Bystander intervention
• Managers' responsibilities
• How complaints should be handled.

It is also key that managers and senior staff should receive enhanced training given their responsibility for identifying and addressing issues within their teams.
Furthermore, regular engagement between managers and HR teams can also help identify emerging concerns before they escalate into formal complaints.

5. Establish Effective Reporting Mechanisms

Employees must have access to safe, confidential and accessible reporting channels.
Workers should feel able to raise concerns without fear of retaliation, whether they have experienced harassment directly or simply encountered circumstances that made them feel uncomfortable or vulnerable.
Employers may wish to implement dedicated procedures for sexual harassment complaints, ensuring that reports are handled consistently, sensitively and efficiently.

6. Act Swiftly When Issues Arise

The effectiveness of preventative measures will often be judged by an employer's response when concerns are raised.

Complaints should be investigated promptly, fairly and thoroughly. Where allegations are substantiated, appropriate action should be taken against those responsible, including third parties where necessary and practicable.

A failure to respond adequately to known issues could undermine an employer's argument that it had taken all reasonable steps to prevent harassment.

7. Support Employees and Review Processes

Supporting affected employees is an important part of any preventative strategy.
Employers should ensure that appropriate support is available following incidents, whether through line management, HR support, occupational health services or employee assistance programmes.

Policies, procedures and training programmes should also be reviewed regularly, particularly following any incident, to identify lessons learned and opportunities for improvement.

8. Consider Physical and Technological Controls

Risk assessments may identify circumstances where various measures can be taken to further safeguard employees.

Depending on the nature of the workplace, examples may include:
• CCTV monitoring in appropriate areas
• Personal safety devices
• Body-worn cameras
• Telephone recording systems
• Enhanced security arrangements

While such measures will not be appropriate in every workplace, employers should consider whether they represent reasonable preventative steps considering the risks identified.

How to act now

The move from a duty to take reasonable steps to one requiring all reasonable steps represents a substantial expansion of employer obligations. While further regulatory guidance is anticipated, employers should not wait until regulations are published before reviewing their arrangements.

Organisations that undertake comprehensive risk assessments, maintain robust policies, provide regular training, encourage reporting and document their preventative efforts will be in a stronger position both to protect their workforce and to demonstrate compliance if challenged before an Employment Tribunal.

Ultimately, the new duty reflects a clear legislative intention: employers are expected to take a proactive approach to preventing sexual harassment, rather than reacting only after incidents occur. The question for employers is no longer whether preventative steps have been taken, but whether every reasonable preventative step has been considered.

These changes are significant and may feel overwhelming. WJM’s expert employment team are on hand and available to guide you through these changes, for more information and support, please contact employment@wjm.co.uk.