The new harassment duty: what managers need to do now

Last week, one of the biggest changes in the Employment Rights Act 2025 quietly came into force. Most teams I speak to haven't noticed yet.

Since 30 October 2026, employers must take all reasonable steps to prevent sexual harassment at work. Not some steps. All reasonable ones. And employers can now be liable if they permit harassment of their staff by third parties, such as customers, clients or contractors, on almost any protected characteristic.

If an employer falls short, tribunal compensation for sexual harassment can be increased by up to 25%.

What "all reasonable steps" looks like in practice

There's no single checklist, because it depends on your size and your risks. But here's what I would expect any employer to be able to show.

1. A policy people have actually read. Clear examples, clear reporting routes, and what happens next. Not a document buried on the intranet.
2. A risk assessment. Where could harassment happen in your workplace? Late shifts, lone working, customer facing roles, work events, group chats.
3. Trained managers. Managers are usually the first person someone tells. If they freeze, minimise or gossip, the policy is worthless.
4. More than one way to report. Not everyone can go to their own line manager.
5. Action when something is reported. Prompt, fair investigation, support for the person who raised it, and consequences that are consistent.
6. A plan for third parties. What will you do when a customer crosses the line? Who can refuse service, and will you back them?

The question I'd ask every manager this week

If someone on your team told you tomorrow that a customer had been making comments about them, would you know exactly what to do?

If the honest answer is "not really", that's the gap the law now expects you to close.

Where to start

Look at the Employment Rights Act tracker for every date that matters, and take the five minute readiness check to see where you stand. If you want your managers trained in handling these conversations well, the Manager Capability Training covers it.

This is general information, not legal advice. Sources: GOV.UK Employment Rights Act implementation; Blake Morgan, October 2026 implementation dates confirmed.