Employers’ Duty to protect prevent sexual harassment at work becomes even tighter
Since October 2024, employers have been required to take reasonable steps to prevent sexual harassment at work. That standard is about to become significantly more demanding. From October 2026, the duty upgrades to all reasonable steps — and for the first time, liability will extend to harassment carried out by third parties, including clients, solicitors, and contractors working alongside chambers staff. Reacting to incidents will no longer be enough. Chambers must show they have anticipated risks, planned for them, and taken documented preventative action before anything goes wrong.
The law as it stands
The Worker Protection (Amendment of Equality Act 2010) Act 2023 has required employers to take reasonable steps to prevent sexual harassment since October 2024. Although reasonable steps is not defined in statute, the Equality and Human Rights Commission has set clear expectations: employers should assess risks of sexual harassment, implement preventative measures, maintain clear policies and reporting channels, and deliver properly recorded training. Complaints must be taken seriously and acted on promptly.
What is changing and when
The Employment Rights Act 2025 introduces two significant changes, both of which chambers need to prepare for now.
From April 2026, reports of sexual harassment will automatically constitute protected disclosures. This means that any worker who reports sexual harassment will have whistleblowing protection from the moment they do so. They will be protected from detriment, and employees will be protected from unfair dismissal. Critically, a report of sexual harassment will no longer need to be framed as a health and safety concern, a legal breach, or a criminal matter to attract that protection. The change is designed to encourage earlier and safer reporting, and chambers should ensure their whistleblowing policies reflect it.
From October 2026, the proactive duty is enhanced. The shift from reasonable steps to all reasonable steps sets a materially higher threshold. It requires systematic risk management, proactive planning, and documented preventative action — not simply having a policy in place. At the same time, employer liability will extend to third-party harassment for the first time. If a member of chambers staff is harassed by a client, a solicitor, a contractor, or any other third party, and the chambers has not taken all reasonable steps to prevent it, the chambers will be directly liable. This applies to harassment on any protected characteristic, not just sex.
What all reasonable steps means in practice
The government has indicated that all reasonable steps is expected to include conducting risk assessments, publishing clear and accessible policies, and maintaining robust reporting and complaints procedures. The EHRC's eight-step guide to preventing sexual harassment is the clearest indicator of what will be expected in practice.
Importantly, the regulations setting out exactly what counts as all reasonable steps will not be published until 2027, following public consultation. This means chambers must comply with the enhanced duty before receiving definitive guidance. Employment tribunals are likely to scrutinise not just whether policies exist but how they are implemented, how frequently training is delivered, and whether the overall culture of the organisation supports early reporting. Waiting for the regulations before acting is not a viable approach.
What chambers should do now
Review and update your policies. Anti-harassment policies and whistleblowing policies should be updated to reflect the April 2026 whistleblowing changes and the October 2026 third-party liability provisions. Reporting channels should be consistent across all related policies. Chambers with a gap between their anti-harassment and whistleblowing frameworks should close it now.
Carry out a risk assessment. A single generic risk assessment will not meet the standard the enhanced duty requires. Chambers should consider role-by-role and scenario-by-scenario risks: client-facing interactions, social events where alcohol is present, lone working, and any arrangements involving overnight travel. Anonymous staff surveys can be a useful tool for identifying risks that are not visible from a management perspective. Risk assessments should be accessible, clearly identify where risk arises, note what controls are in place, and set out what further steps are required.
Train all staff, and do it properly. Training must cover the updated duties, third-party harassment, how to challenge inappropriate behaviour, and how to report concerns safely. It should be engaging and use practical examples rather than abstract statements. Senior leaders and managers must receive the same training as all other staff — and be seen to take it seriously. Training logs recording who has received training and when are strongly recommended.
Set expectations with external parties. Chambers should consider how behavioural expectations are communicated to third parties. That might mean contractual clauses requiring compliance with anti-harassment standards, or notices displayed on premises setting out expected conduct. Communicating these measures to staff demonstrates that the chambers is taking an active approach to managing third-party risk.
Build a culture that supports early reporting. A proactive duty requires a proactive culture. Chambers should offer anonymity where possible and keep a log of incidents and near-misses to identify patterns over time. Senior figures within chambers must visibly champion the new requirements. If leadership is not seen to challenge inappropriate behaviour, it sets a tone that no chambers should want to establish.