Guidance from an HR consultant in Milton Keynes on the shift to "all reasonable steps" for preventing sexual harassment and what your business needs to do before October 2026.
The law around sexual harassment prevention at work is changing again in October 2026.
If you've got a policy tucked away in a handbook somewhere, you might feel like you've already dealt with this. You haven't.
The standard employers will be held to is getting stricter, and having a written document on file won't be enough to protect you if a claim is made.
As an HR consultant, I'm already having conversations with business owners who had no idea this was coming. Here's what you need to know.
How the rules have shifted over time
The legal position on sexual harassment prevention has moved quite a bit in recent years.
Under the Equality Act 2010, employers could generally defend themselves by pointing to a policy they had in place. That was the expectation for a long time.
Then in 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force. It placed a proactive duty on employers to take "reasonable steps" to prevent sexual harassment at work.
From October 2026, that bar goes up again. The requirement moves from "reasonable steps" to "all reasonable steps".
That single word makes a real difference. It means you can't just show that you did something. You need to demonstrate that you did everything you reasonably could have done.
Third-party harassment is now your problem too
One of the biggest changes that catches business owners off guard is the introduction of liability for third-party harassment.
If a customer, client, or contractor harasses one of your employees and you can't evidence that you took steps to prevent it, you could be held responsible.
Consider the roles in your business where staff interact with people from outside your organisation. Sales meetings, client sites, events, hospitality settings, or any role that involves dealing with the public.
Those situations now carry genuine legal exposure. If you haven't assessed the risk in those environments, you've got a gap that could cost you.
What "all reasonable steps" looks like in practice
The phrase "all reasonable steps" sounds vague, but it translates into some fairly specific expectations. Here's what you need to have in place:
🟢A policy that's up to date, clearly written, and that your staff have actually read and acknowledged. Not one that sits in a drawer unread.
🟢Managers who've received proper training on how to recognise harassment and what to do when someone reports it.
🟢Reporting routes that are visible and accessible. Your employees need to know how to raise a concern and feel confident doing so.
🟢A written risk assessment that looks at the specific risks in your business, especially where your team works alongside or serves people from outside your organisation.
🟢Evidence that you've acted on the findings of that risk assessment.
That final point is where many businesses will come unstuck. Completing a risk assessment and filing it away without changing anything won't stand up if a tribunal examines your records. The assessment needs to lead to action, and that action needs to be documented.
The financial risk of getting this wrong
Tribunals have the power to add a 25% uplift to compensation awards where an employer hasn't met the preventative duty.
That 25% sits on top of whatever the underlying award is. So if the harassment claim itself results in a substantial payout, the uplift can add a significant amount on top.
For a small or medium-sized business, that kind of financial hit can be severe. And it's entirely avoidable with the right preparation.
Questions to ask yourself before October 2026
Before the deadline arrives, it's worth sitting down and honestly assessing where your business stands. These are the kinds of questions I'd encourage you to work through:
🟢Does your current policy specifically address harassment by third parties such as clients or customers?
🟢Could you produce evidence that your managers have been trained on handling harassment complaints?
🟢Do your employees actually know the process for reporting a concern, or is it buried in a document they've never opened?
🟢Have you carried out a written risk assessment for roles where staff regularly interact with people outside your organisation?
🟢If a claim landed on your desk tomorrow, could you pull together all the evidence you'd need quickly?
If you're answering "no" or "I'm not sure" to any of those, there's work to be done before October.
How I can help you get ready
I carry out sexual harassment prevention audits that look at where your business currently sits against the "all reasonable steps" standard. The audit reviews your policy, your reporting process, and your risk exposure in third-party settings.
Alongside the audit, I deliver manager training so that your team knows exactly how to respond when something is reported. Getting the response right from the start matters enormously, both for the person affected and for your legal position.
These are the kinds of HR consultancy services in Milton Keynes that give business owners confidence they're properly protected.
If you're not sure where your business stands on this, I'd genuinely welcome the chance to talk it through with you.
As an outsourced HR consultant in Milton Keynes, I work with SMEs to get these things sorted properly, without overcomplicating it.
Get in touch and we can arrange a discovery call. I'll walk you through what this looks like for your specific business and help you put a plan in place before October 2026. 📱 0781 3084152 or email 📧 daxa@hrresultsltd.co.uk Taking your HR from 'to do' to 'done'.
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