Your sexual harassment policy probably isn't doing what you think it is

From October, if one of your employees makes a harassment claim, a policy alone won't cut it.

I know you might think a policy stored away somewhere is enough.

But, with the rule changes, you must be able to evidence how you took all reasonable steps to prevent harassment in your workplace.

A quick look at the timeline

• Pre-2023: Equality Act 2010 meant that employers generally had a defence so long as they could point to a policy they had in place.

• 2024: The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced a proactive duty for employers to take "reasonable steps" to prevent sexual harassment.

• October 2026: Employers will need to evidence they took "all reasonable steps" to prevent sexual harassment should a claim be made.

What the new rules say

From October, the standard will be moving from "reasonable steps" to "all reasonable steps".

That might sound like legal hair-splitting but it makes a real difference in practice.

It also introduces liability for third-party harassment. If a client, customer or contractor harasses one of your employees and you can't show that you took steps to prevent it, you can be held responsible.

Think about your client-facing staff. Anyone working at events, in hospitality, in sales, on client sites or dealing with the public.

Those environments now carry genuine legal exposure if you haven't looked at the risk.

What does "all reasonable steps" actually mean for you?

This is what you need to make sure you have in place:

• A clear, current policy that staff have actually read and acknowledged

• Managers who have been trained and know what to do when something is reported

• Visible, accessible reporting routes that employees know exist

• A written risk assessment covering the specific risks in your business, particularly where staff interact with people outside your organisation

• Evidence of action taken based on that assessment

That last point is where a lot of businesses will fall short. A risk assessment that lives in a folder and changes nothing will not help you if a claim lands.

What it could cost you

Tribunals can add a 25% uplift to compensation where an employer hasn't met the preventative duty.

That sits on top of the underlying award.

If the harassment itself results in a significant claim, that uplift adds up fast.

A quick checklist before October 2026

Run through these and see where you land:

1. Is your policy up to date and does it specifically cover third-party harassment?

2. Do you have a record of staff reading and acknowledging it?

3. Have your managers had any actual training on recognising and handling harassment?

4. Is there a documented reporting process that employees know how to use?

5. Have you done a written risk assessment for higher-risk roles or environments?

6. Could you pull all of that evidence together quickly if you needed to?

If any of those answers is no or "not sure", then you've got work to do before October.

You're not alone, we can help

We carry out sexual harassment prevention audits that assess where your business sits against the "all reasonable steps" standard.

The audit covers your policy, your reporting process and your risk exposure in third-party environments.

We also deliver the manager training your team needs so that when something is reported, it gets handled properly from the start.

If you want to get this sorted before October 2026, get in touch. We're happy to talk you through what it looks like for your business.