Chambers now expected to take “all reasonable steps” to prevent sexual harassment incidents

The duty on employers to take reasonable steps to prevent sexual harassment has been in force since October 2024. From 30 October 2026, that duty becomes more demanding.

The Worker Protection 2024 introduced the existing preventative duty in October 2024. The Employment Rights Act 2025 now amends that duty so that employers must take “all reasonable steps” to prevent sexual harassment from 30 October 2026.

Employers will need to be able to demonstrate that they have taken all the steps that it was reasonable for them to take, rather than selecting some reasonable measures and stopping there. The test remains dependent on the organisation and its circumstances, but the expectation is clearly moving towards comprehensive, proactive preventative measures.

The wording also mirrors the existing “all reasonable steps” of the Equality Act 2010. Equality and Human Rights Commission (EHRC) guidance explains that an employer will have taken all reasonable steps where there are no further steps it could reasonably have been expected to take.

Precisely what constitutes a reasonable step has been the subject of ongoing uncertainty, with employers unsure whether steps taken to date have been sufficient.

The Government has power to make regulations specifying steps that will count as reasonable, including requirements around risk assessments, policies, reporting and complaints. Those regulations are not currently expected until 2027. In the meantime, the EHRC's technical guidance remains the clearest practical indication of what effective compliance should involve, including risk assessment, clear policies, training, effective reporting arrangements and ongoing monitoring.

Broader liability for third-party harassment

Employers will also become liable where a third party harasses an employee in the course of their employment, unless the employer can show that it took all reasonable steps to prevent the harassment. With a third party meaning someone who is neither the employer nor one of its employees, the legislation therefore potentially covers clients, customers, contractors, members of the public and others encountered through work.

This is a significant development because the new provision is not limited to sexual harassment. It covers harassment under the Equality Act 2010 more broadly, including harassment related to protected characteristics to which the statutory harassment provisions apply. The Government's guidance specifically distinguishes this wider third-party protection from the separate preventative duty concerning sexual harassment.

The protection is also deliberately different from the previous third-party harassment regime. Employer liability for third-party harassment existed under the Equality Act 2010 but was repealed in 2013. The earlier regime included a “three strikes” requirement, meaning repeated incidents had to occur before liability could arise. The new legislation contains no equivalent requirement, so a single incident can result in liability where the employer cannot demonstrate that it took all reasonable steps to prevent it.

Chambers face exposure through their working relationships

Chambers should consider the new duty in the context of how their people operate day-to-day. Staff, pupils and employed barristers may interact daily with clients, solicitors, opposing counsel, witnesses, court staff and members of the public. Some interactions take place away from chambers' premises and in environments where oversight is limited.

Those circumstances do not remove the employer's responsibility. The EHRC already identifies the nature and frequency of contact with third parties as factors relevant to assessing harassment risks.

The most difficult situations may arise where the alleged harasser is someone with whom chambers has an important commercial or professional relationship. The new duty does not create an exception for valuable clients, instructing solicitors or other significant professional contacts. Chambers will need to consider what preventative and responsive measures are reasonable in those relationships rather than treating the relationship itself as a reason for inaction.

Financial Consequences

The existing financial consequence also remains. Where a tribunal finds that sexual harassment occurred and awards compensation, it must consider whether the employer complied with the preventative duty. Where the duty was breached, the tribunal can increase compensation by up to 25%.

There are also signs of increasing awareness and reporting. ACAS received 5,583 calls about sexual harassment in the first half of 2025, compared with 4,001 during the same period in 2024 - an increase of 39%.

What steps do Chambers need to take?

The immediate task for chambers is to test existing arrangements against the higher standard. Risk assessments should be reviewed and expanded to cover the environments in which members, pupils and staff encounter third parties. Policies should expressly address third-party harassment and explain how concerns will be reported and handled.

Scenario-based training dealing with realistic interactions with clients, solicitors, opponents, witnesses and other third parties gives chambers a clearer opportunity to demonstrate that workers understand what is expected of them and how concerns should be raised.

Senior members and management committees should be briefed on the new third-party liability, particularly the absence of an exception for commercially or professionally important relationships. Finally, chambers should document the steps they have taken, the risks they have identified, the decisions they have made and the reasons for those decisions.