Preventing and Addressing Sexual and Third Party Harassment at Work: What the Employment Rights Act 2025 Requires
The Employment Rights Act 2025 significantly raises the bar for employers on sexual harassment prevention. From October 2026, organisations must be able to demonstrate they have taken ALL reasonable steps to prevent sexual harassment at work, including harassment by third parties such as customers, clients, and suppliers. This is a higher and more demanding standard than the previous duty, and the consequences of falling short are serious.
What "ALL Reasonable Steps" Means in Practice
The shift from "reasonable steps" to "ALL reasonable steps" is not just a change of wording. It signals that a single training session or a standard policy statement will no longer be sufficient. Employers are expected to take a proactive, documented approach to identifying and removing the conditions in which harassment can occur.
In practice, this means carrying out scenario-based risk assessments that map where and how harassment is most likely to happen in your specific workplace and working environment. It means reviewing policies to ensure they explicitly cover third party harassment, not just conduct between colleagues. And it means training managers and staff so that they can recognise harassment, respond appropriately, and understand their responsibilities under the law.
The Equality and Human Rights Commission has the power to increase tribunal awards by up to 25% where an employer has failed to take ALL reasonable steps. There is no cap on the compensation that can be awarded in harassment cases. The financial and reputational risks of inaction are significant.
Third Party Harassment: A Wider Duty Than Many Employers Realise
Third party harassment extends beyond the protected characteristic of sex. Where an employee is harassed by a customer, a patient, a service user, or a contractor, the employer's duty to prevent that harassment applies. Organisations with regular contact with the public, with clients, or with third party contractors need to think carefully about how their policies and risk assessments account for these situations.
What You Need to Do Before October 2026
The deadline is October 2026, but the organisations that will be best placed are those that act now, while there is time to implement changes properly.
- Review your sexual harassment policy to ensure it covers third party harassment explicitly.
- Carry out a scenario-based risk assessment that maps the specific situations where harassment could occur in your workplace.
- Train your managers so they can recognise harassment, respond to disclosures, and understand what the law now requires of them.
- Train your staff so that everyone understands what behaviour is unacceptable and how to report it.
- Document every step you take. In the event of a tribunal claim, your ability to demonstrate what you did matters as much as what you did.
How We Can Help
We provide sexual and third party harassment prevention training designed to meet the requirements of the Employment Rights Act 2025. Our sessions are tailored to your organisation, your sector, and the specific risk scenarios your people are likely to encounter. We also work with organisations on policy review and risk assessment to ensure your approach meets the ALL reasonable steps standard. Find out more about our Equality, Diversity, and Inclusion training.
Get in touch to discuss your training needs. Talk to our team about how we can help you meet your compliance obligations before the October 2026 deadline.
