For a long time, the law on sexual harassment mostly came into play after something had gone wrong. A complaint was made, an investigation followed, and the question was whether the employer had responded properly.
That changed in October 2024, when employers gained an active duty to take reasonable steps to prevent sexual harassment before it happens. It changes again on 30 October 2026, when the standard rises to "all reasonable steps" and employers also become liable for harassment of their staff by third parties such as customers, clients and contractors.
Most of the practical responsibility for meeting that duty sits with managers. They're the people who see the culture day to day, hear the "banter", receive the first disclosure, and decide whether to act. This guide explains what the law now requires, what "all reasonable steps" means in practice, what managers specifically need to do, and the training and records that will demonstrate compliance.
Four developments have reshaped employer duties over the past two years:
Third-party liability is broader than many employers realise. Acas guidance on third-party harassment confirms it covers harassment related to any protected characteristic, not just sexual harassment, from anyone a worker comes into contact with through work.
The word "all" matters. Under the current standard, an employer might take some sensible steps and argue that was enough. From 30 October 2026, a tribunal will ask whether there was anything else the employer could reasonably have done.
Acas explains the change in three parts. Taking all reasonable steps means:
What counts as reasonable depends on your size, sector and the kind of work your people do. A 40-person manufacturer won't be judged against a national retailer. But it will be expected to have done everything that was reasonable for a business of its size and circumstances.
"Taking all reasonable steps means doing what is possible with the available resources." (Acas)
Acas also recommends recording why you decided a particular step wasn't reasonable. If you considered something and ruled it out, a short note explaining why is valuable evidence.
Drawing on EHRC and Acas guidance, these are the steps most employers should have in place:
Managers carry responsibilities that go beyond those of other employees. In practice, a manager needs to:
The most common manager failure: dismissing a complaint as "banter" or "just what they're like". That is not a defence under the Equality Act, and from October 2026 it's likely to be strong evidence that the employer failed to take all reasonable steps.
Training is one of the clearest steps a tribunal will look for, but a single generic session is unlikely to be enough on its own. Effective manager training should cover:
Our Preventing Sexual Harassment for Managers course covers managers' legal responsibilities, how to assess risk, and the steps they can take to prevent sexual harassment. Because it's self-paced, it can be rolled out across every site and shift quickly.
Managers also benefit from related skills that make prevention work day to day:
For all staff, our Bullying and Harassment course gives everyone a shared understanding of acceptable behaviour and how to report concerns. Training should be role-specific where possible. A manager in a customer-facing retail or hospitality setting faces different risks from one in an office or on a production line.
Policies and training only work if people actually report. The warning signs of a culture where they don't include very few reports, complaints that only surface when someone leaves, and managers who say "nobody's ever raised anything".
To build a culture where reporting feels safe:
If a claim reaches a tribunal, you'll need to show what you did. Keep:
A learning management system makes training evidence far easier to produce, with completion dates, scores and refresher reminders held in one place. For the wider picture on inclusion and legal duties, read our guides to preventing sexual harassment in the workplace and bullying and harassment prevention.
With the new standard arriving on 30 October 2026, three actions will make the biggest difference if you haven't already taken them:
Prevention isn't a document on a shared drive. It's what managers do every day, and training is what gives them the confidence to do it well.
Teaching 4 Business offers Preventing Sexual Harassment for Managers training, covering the preventative duty and the October 2026 changes. View the course or contact us to arrange training for your management team.
Q: What is the employer's duty to prevent sexual harassment?
Since October 2024, UK employers have had a duty to take reasonable steps to prevent sexual harassment of their workers. From 30 October 2026, this becomes a duty to take all reasonable steps. A tribunal can increase compensation by up to 25% if the duty is breached.
Q: What does "all reasonable steps" mean?
It means taking every step that is reasonable for your organisation, focusing on prevention rather than reaction, and applying measures across the whole organisation. What's reasonable depends on your size, sector and the work your people do.
Q: Are employers liable for harassment by customers?
From 30 October 2026, employers can be liable for harassment of their employees by third parties, such as customers, clients and contractors, unless they have taken all reasonable steps to prevent it. This covers harassment related to any protected characteristic.
Q: Do managers need specific sexual harassment training?
Training is one of the key steps tribunals and the EHRC look for, and managers need more than general awareness. They should understand the legal duty, how to recognise and reduce risk, how to respond to disclosures, and how to deal with third-party harassment.
Q: What records should we keep to show compliance?
Keep a current policy, a dated risk assessment, training records for all staff and managers, records of complaints and outcomes, notes on any steps you decided were not reasonable, and evidence of regular monitoring and review.
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