What does taking all reasonable steps actually mean?

There is no one-size-fits-all answer. What is reasonable will depend on your organisation’s size, resources, sector and risk profile. But in general, employers should be able to show they are taking an active and ongoing approach to prevention through practical steps such as risk assessments, clear policies, effective training, easy reporting routes and regular reviews.

Do the new harassment and sexual harassment laws apply outside the workplace or working hours?

Yes, they can. The key question is whether there is a sufficient connection to work. That means harassment can still happen at work socials, conferences, training days, networking events or in messages sent outside normal working hours if the conduct is connected to work.

What should harassment and sexual harassment training look like in a small business?

Training does not need to be expensive or overcomplicated, but it does need to be meaningful. It should help people understand what harassment and sexual harassment can look like at work, what standards of behaviour are expected, what to do if they experience or witness inappropriate conduct and how to use your reporting procedures. Managers should receive additional training, and refresher training should be built in too.

How should managers and small business owners respond if someone raises a concern or complaint?

The first step is not to ignore it. Managers should take concerns seriously, respond promptly, listen carefully, gather the facts and avoid jumping to conclusions. They should also think about any immediate steps needed to protect the people involved, keep clear records and make sure the process is fair and proportionate.

Do you need both a harassment policy and a harassment risk assessment?

Yes. They do different jobs and work best together. A policy sets standards, explains what harassment and sexual harassment are, and shows how concerns can be raised and handled. A risk assessment helps you identify where issues are most likely to happen and what preventative measures are needed.

How can employers prevent and risk assess third party harassment?

Start by identifying where staff are most likely to come into contact with third parties and where the risks are highest, such as customer-facing roles, home visits, lone working or situations involving alcohol. Then think about practical controls, such as clear standards for customers and clients, staff training, reporting routes, support for employees who remove themselves from unsafe situations and regular monitoring of incidents or patterns.

What counts as harassment legally in the UK?

Under the Equality Act 2010, harassment includes unwanted conduct related to a protected characteristic that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Sexual harassment is unwanted behaviour of a sexual nature. Harassment can include spoken or written words, imagery, jokes, gestures and physical behaviour, and it can still be unlawful even if the person being harassed did not ask for it to stop.

Can one incident count as harassment?

Yes. A one-off incident can amount to harassment if it violates someone's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for the person. Some employers still assume workplace harassment must be repeated before it becomes a legal issue, but that is not how the Equality Act works.

What is third party harassment?

Third party harassment is harassment carried out by someone who is not a fellow employee, such as a customer, client, contractor, supplier, service user, visitor or member of the public. From 1 October 2026, employers will need to think much more carefully about third party harassment risk and the reasonable steps to prevent it.

Is bullying the same as harassment?

Not always. Bullying is usually offensive, intimidating, malicious or insulting behaviour, often involving an abuse or misuse of power. But some bullying behaviour may also amount to harassment if it relates to a protected characteristic or is of a sexual nature, but not all workplace bullying will fit the Equality Act definition of harassment.

Sexual harassment law changes 2026: mini webinar + checklist

What are the harassment law changes?

Since October 2024, all employers have been required to take reasonable steps to prevent sexual harassment in the workplace.

From 30 October 2026, the duty to prevent sexual harassment at work will increase from taking reasonable steps to taking all reasonable steps.

Employers will also be directly liable if workers are harassed by third parties such as clients, customers, contractors or suppliers if the employer hasn't taken all reasonable steps to prevent it. This applies to any type of harassment - not just sexual harassment.

What do these harassment laws mean in practice?

The big shift here is from reactive to proactive processes. Don't wait for harassment to happen. You need to think ahead, identify where workplace harassment or sexual harassment could happen, and put sensible safeguards in place before there's a problem.

Your sexual harassment and harassment law changes checklist

1. Inform the business of the law changes

Make sure senior leaders, managers and HR understand that the legal duty around sexual harassment is rising from reasonable steps to all reasonable steps from 30 October 2026.
Ensure the business also understands that third party harassment will be a bigger legal risk from 30 October 2026, including harassment by customers, clients, contractors, suppliers, service users and other non-employees.
Set expectations internally by explaining that there's going to be an ongoing, active and evidenced approach to prevention.

2. Create or review your harassment policy

If you don't have either a bullying and harassment policy that includes sexual harassment, or a separate sexual harassment policy, now's the time to create one.
If you do have an existing policy, check whether it clearly explains what harassment is, what sexual harassment is, what unacceptable behaviour looks like and how concerns will be handled.
Make sure your policy covers third party harassment and sets expectations not only for employees and managers, but also for customers, clients, contractors and other third parties where relevant.
Link related policies together, including grievance, disciplinary, social media, whistleblowing and equality, diversity and inclusion policies, so your approach is consistent.
Keep the policy as a live document that is reviewed regularly, not something that sits in a folder unread.
Store the policy somewhere safe and secure that everyone can access when needed, wherever they're working from. e.g. an HR software like Breathe.
Ask all workers to read and acknowledge the policy and remember to add it to your onboarding workflow so that all new starters do this too.

3. Carry out a harassment risk assessment

Identify where unwanted conduct, unwanted behaviour or harassment related to a relevant protected characteristic is most likely to happen in your organisation.
Consider higher-risk situations such as lone working, isolated workplaces, customer-facing roles, home visits, power imbalances, travel, conferences, work social events and alcohol-related settings.
Consider whether some groups may face higher risk, including younger workers, apprentices or interns, depending on your workplace set-up.
Turn your findings into an action plan with practical steps, owners and review dates.
Again, store your risk assessment somewhere safe and secure that everyone can access when needed, wherever they're working from, e.g. an HR software like Breathe.
And again, ask all workers to read and acknowledge the risk assessment and remember to add it to your onboarding workflow so that all new starters do this too.

4. Make it easier and safer to report harassment

Give employees more than one way to report harassment or sexual harassment, so they are not forced to go through a single line manager.
Consider whether anonymous reporting should be available in your business.
Encourage people to report incidents and near misses, including situations where they felt at risk even if nothing happened.
Reassure employees that complaints will be taken seriously and that they should not be disadvantaged for speaking up in good faith.

5. Train your whole workforce

Deliver meaningful training that helps people understand what harassment and sexual harassment can look like in real working life, rather than treating it as a tick-box exercise.
Use practical examples that reflect your own workforce, your sector and your risks.
Cover what staff should do if they experience, witness or suspect harassment, including active bystander responsibilities.
Provide refresher training and build key messages into induction for new starters.
Keep records of who attended, when training was held and who delivered it, so you can evidence the reasonable steps to prevent harassment that you have taken.

6. Give managers extra support

Train managers separately so they know how to recognise warning signs, respond appropriately, escalate concerns and avoid minimising issues.
Make sure managers understand that even concerns that seem informal or minor should still be taken seriously and dealt with promptly.
Consider including harassment prevention and reporting responsibilities in manager objectives or expectations.

7. Handle complaints and harassment claims properly

Investigate promptly, listen carefully, gather the facts and avoid jumping to conclusions.
Consider what immediate steps are needed to protect the people involved while the matter is being looked into.
Make sure any temporary arrangements are proportionate and do not disadvantage the person who raised the concern.
Follow a full and fair procedure in line with the Acas Code where a formal complaint is being dealt with.
Keep clear records throughout the process and store them securely.
Where allegations are serious or involve senior people, consider independent HR or legal support so the process is objective and fair.

8. Prepare for third party harassment

Map where staff come into contact with third parties and where harassment by third parties is most likely to happen.
Put visible standards in place for customers, clients and visitors, such as notices, booking terms, service terms or contractual wording.
Train staff on what to do if a customer, client or member of the public behaves inappropriately, including when they can walk away, refuse service or escalate the issue.
Make sure employees know they will be supported if they remove themselves from an unsafe situation.
Ensure your approach covers work social events, training days, conferences, networking events, remote working and online communication connected to work.
Set standards of behaviour before workplace socials and think ahead about extra controls where alcohol is involved.
When harassment happens outside of working hours or locations, focus on whether the conduct has a sufficient connection to work.

9. Monitor patterns and review what's working

Keep records of informal and formal complaints so you can spot patterns by location, team, client, manager or type of incident.
Use staff surveys, one-to-ones and exit interviews to understand whether people feel safe, heard and confident to report concerns.
Review whether your training, policies and reporting routes are actually working in practice, and change them if they are not.
After any complaint, ask what the business should learn from it.

Download checklist

Harassment prevention is an ongoing process, not a one-off task. Breathe can help by bringing together policy acknowledgements, sexual harassment training, risk assessments, and essential HR tools all in one place.

For expert HR support, contact Juliet at juliet.irving@impacthr.co.uk, or visit the Impact HR website.

You can also find more free employment law resources on the Breathe Employment Law Hub to help you take all reasonable steps to prevent harassment.

Harassment law FAQs

What does taking all reasonable steps actually mean?

There is no one-size-fits-all answer. What is reasonable will depend on your organisation’s size, resources, sector and risk profile. But in general, employers should be able to show they are taking an active and ongoing approach to prevention through practical steps such as risk assessments, clear policies, effective training, easy reporting routes and regular reviews.
Do the new harassment and sexual harassment laws apply outside the workplace or working hours?

Yes, they can. The key question is whether there is a sufficient connection to work. That means harassment can still happen at work socials, conferences, training days, networking events or in messages sent outside normal working hours if the conduct is connected to work.
What should harassment and sexual harassment training look like in a small business?

Training does not need to be expensive or overcomplicated, but it does need to be meaningful. It should help people understand what harassment and sexual harassment can look like at work, what standards of behaviour are expected, what to do if they experience or witness inappropriate conduct and how to use your reporting procedures. Managers should receive additional training, and refresher training should be built in too. Training doesn't' have to be in-person, online training is perfectly fine.
How should managers and small business owners respond if someone raises a concern or complaint?

The first step is not to ignore it. Managers should take concerns seriously, respond promptly, listen carefully, gather the facts and avoid jumping to conclusions. They should also think about any immediate steps needed to protect the people involved, keep clear records and make sure the process is fair and proportionate.
Do you need both a harassment policy and a harassment risk assessment?

Yes. They do different jobs and work best together. A policy sets standards, explains what harassment and sexual harassment are, and shows how concerns can be raised and handled. A risk assessment helps you identify where issues are most likely to happen and what preventative measures are needed.
How can employers prevent and risk assess third party harassment?

Start by identifying where staff are most likely to come into contact with third parties and where the risks are highest, such as customer-facing roles, home visits, lone working or situations involving alcohol. Then think about practical controls, such as clear standards for customers and clients, staff training, reporting routes, support for employees who remove themselves from unsafe situations and regular monitoring of incidents or patterns.
What counts as harassment legally in the UK?

Under the Equality Act 2010, harassment includes unwanted conduct related to a protected characteristic that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Sexual harassment is unwanted behaviour of a sexual nature. Harassment can include spoken or written words, imagery, jokes, gestures and physical behaviour, and it can still be unlawful even if the person being harassed did not ask for it to stop.
Can one incident count as harassment?

Yes. A one-off incident can amount to harassment if it violates someone's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for the person. Some employers still assume workplace harassment must be repeated before it becomes a legal issue, but that is not how the Equality Act works.
What is third party harassment?

Third party harassment is harassment carried out by someone who is not a fellow employee, such as a customer, client, contractor, supplier, service user, visitor or member of the public. From 1 October 2026, employers will need to think much more carefully about third party harassment risk and the reasonable steps to prevent it.
Is bullying the same as harassment?

Not always. Bullying is usually offensive, intimidating, malicious or insulting behaviour, often involving an abuse or misuse of power. But some bullying behaviour may also amount to harassment if it relates to a protected characteristic or is of a sexual nature, but not all workplace bullying will fit the Equality Act definition of harassment.

Meet our speakers

Juliet Irving Director of HR Operations Impact HR

Juliet is a Lead HR Consultant within Impact HR and brings over 19 years of comprehensive HR experience, gained across a variety of industries through HR consultancy which has given her a well rounded perspective on the challenges and opportunities facing organisations of all sizes. Juliet has also held in house HR roles within hospitality, manufacturing, professional services and the charity sector.

Juliet has extensive line management experience managing teams within the Consultancy environment. Juliet covers a very generalist scope of HR, providing advice, guidance and support to organisations on day to day people queries and employment relations cases, right through to strategic HR planning and culture.

With a pragmatic approach and attention to detail, Juliet especially enjoys researching the more obscure queries to help organisations navigate the intricacies of employment law. She likes to top up her knowledge by keeping abreast with recent case law to ensure the advice she provides is not only compliant with employment law but also aligned with best practice.

Juliet brings with her a BA(hons) degree in Business Studies, CIPD level 7 and ILM level 5 qualifications.

Outside of work Juliet is a keen swimmer in the pool and open water, even into the winter months!

You can contact Juliet for expert HR advice at juliet.irving@impacthr.co.uk or via the Impact HR website.

Daisy Andrews Content Manager Breathe HR

As Content Manager at Breathe, Daisy crafts content that makes complex ideas clear and compelling, helping people to understand products, ideas and value.

With five years experience in marketing and a BA in English Literature (First Class Honours), she brings strong storytelling skills, editorial precision, and a deep understanding of audience needs to all her projects.

Drawing on broad experience across product marketing, emails, events, social and lead-gen campaigns, Daisy thinks beyond individual assets, delivering cohesive, high-impact content that informs and engages.

Daisy looks after Breathe's newsletter 'Take 5 with Breathe'. You can sign up to receive the newsletter here.

Connect with Daisy on LinkedIn.

Sexual harassment law changes: mini webinar + checklist

How to prepare for harassment employment law changes and take all reasonable steps to prevent harassment