Updated technical guidance from the EHRC on harassment at work
From 30 October, the Employment Rights Act 2025 makes employers liable for the harassment of their workers by third parties, unless they have taken all reasonable steps to prevent it.
Previously, the employer only had to show they had taken reasonable steps to prevent harassment in the workplace but now must take ‘all reasonable steps’ to prevent it. Employers can also be liable where a third party harasses a worker in the course of their employment, and the employer failed to take all reasonable steps to prevent it.
The Equality and Human Rights Commission has updated its guidance on sexual harassment and harassment at work to explain to employers what they must do to meet those changes in the law.
All reasonable steps
The revised guidance states that employers must identify risks of sexual harassment, consider what steps could reduce them and put into place all those it is reasonable to take. If there was another reasonable step which was available, but not taken, the EHRC says the employer will “likely” have failed to comply.
Employers must carry out risk assessments – note the guidance suggests that employers are “unlikely” to have complied without it. Compliance is also continuous, requiring reviews for effectiveness of those measures taken and revisited if circumstances change.
Third-party harassment
The guidance also deals with third-party harassment, which extends beyond sexual harassment to any harassment related to the relevant protected characteristic (as laid down by the Equality Act 2020).
The guidance sets out that employers do not need to plan for extremely unlikely situations or prevent every incident – the requirement is to take all reasonable steps. That might include:
- Setting out third-party conduct standards
- Contractual terms setting out what is expected
- Signage throughout the premises
- Updating of policies within the staff handbook, setting out expectations and reporting mechanisms
- Training of managers and other appropriate staff
- Action against offending customers/clients.
To see the EHRC guidance, see:
Posted on 8 November, 2026 by Ortolan
