Chambers must now take “all reasonable steps” to prevent sexual harassment and can be held liable for harassment of employees by third parties, following changes introduced by the Employment Rights Act 2025.
New workplace harassment duties for barristers’ chambers came into force on 30 October 2026, raising the standard chambers must meet to prevent sexual harassment and introducing liability for harassment by third parties.
The Employment Rights Act 2025 strengthens the existing duty on employers to take reasonable steps to prevent sexual harassment incidents, now requiring chambers to take all reasonable steps. It also introduces liability where a third party harasses a chambers employee in the course of their work and chambers cannot demonstrate that they took all reasonable steps to prevent it.
Third-party harassment brings new responsibilities for chambers
The new liability covers harassment under the Equality Act 2010 more broadly, rather than sexual harassment alone. It applies to conduct by third parties towards clerks, practice managers and other employees, including interactions with barrister members, counsel from other sets, instructing solicitors and lay clients.
Chambers staff regularly interact with a wide range of professional contacts, often outside chambers’ premises and in settings where oversight may be limited. These circumstances do not remove chambers’ responsibility to take reasonable preventative measures. A single incident may also result in liability.
Chambers must therefore consider where employees face risks, including through their contact with members, clients and other professional contacts, and determine what measures are reasonable to prevent harassment. The importance of a commercial or professional relationship should not be treated as a reason for inaction.
Chambers must demonstrate that they have taken all reasonable steps to prevent harassment incidents
The strengthened duty now requires chambers to take all reasonable steps to prevent harassment. Where tribunals would have questioned whether chambers had taken some reasonable steps under their previous duty, they will now test whether there were any other reasonable steps that chambers could have taken to prevent incidents.
Although regulations specifying reasonable steps are expected in 2027, guidance from the Equality and Human Rights Commission provides a practical reference point for chambers reviewing their current arrangements. We have collated key guidance for chambers in our downloadable guide, which sets out the effects of the legislation alongside practical steps sets should take to meet the requirements of their new duties.
How Briefed can help
We work with more than 150 sets of chambers across England and Wales on compliance, including prevention of sexual harassment. Our support includes compliance audits, policy reviews and specialist training developed by our in-house barristers.
Download the practical guide here, or find out more about our compliance services at getbriefed.com, by emailing hello@getbriefed.com or calling 028 9621 6345.