Better late than never: EHRC updates technical guidance on harassment on the day that legal changes take effect
Employers who have spent the last few months grappling with how best to prepare for the changes to the law on harassment which took effect on 30th October will have been elated and frustrated in equal measure to find that the EHRC finally updated its technical guidance and 8-step guide to incorporate the Employment Rights Act 2025 changes to harassment on the very day that those changes came into legal effect.
In this blog, we review the changes made to the technical guidance and 8-step guide and set out how they can now be used to help employers as they navigate this new legal landscape.
What changed on 30 October 2026
The preventative duty in section 40A Equality Act 2010 now requires employers to take ‘all reasonable steps’ to prevent sexual harassment (rather than just ‘reasonable steps’). Separately, employers can now 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.
‘All reasonable steps’ and the preventative duty
The revised guidance (paragraph 3.31 to 3.46) gives detailed guidance on the ‘all reasonable steps’ test in the context of the duty to prevent sexual harassment. Employers must identify the risks of sexual harassment, consider the steps which could reduce those risks and implement all those which it is reasonable to take. If another reasonable step was available but not taken, the EHRC says the employer will ‘likely’ have failed to comply with the preventative duty.
Risk assessments are critical: the guidance says employers are ‘unlikely’ to comply with the preventative duty without one. Compliance is also continuous, requiring measures to be reviewed for effectiveness and revisited as circumstances change.
Significantly, the EHRC directs employers to the existing ‘all reasonable steps’ defence to vicarious liability for guidance on the new, more stringent, preventative duty. The two tests now clearly set the same standard.
Third-party harassment
The guidance deals extensively with third-party harassment (paragraph 3.89 to 3.110). This extends beyond sexual harassment to harassment related to any relevant protected characteristic. Key points:
- The steps it would be reasonable for an employer to take to prevent third-party harassment are likely to be different from the steps an employer could take to prevent harassment by a worker.
- The definition of third party is kept broad, with the guidance providing an illustrative list rather than a tight definition (paragraph 3.31)
- Employers do not need to plan for situations that are extremely unlikely to occur as this would not be reasonable. The law does not require employers to stop all third-party harassment against their workers: it requires them to take all steps that are reasonable.
- Any expectations placed on third party behaviour should be proportionate and should regulate inappropriate conduct rather than the holding or expression of particular beliefs or opinions.
- Practical measures may include third-party conduct standards, contractual terms, signage, training, reporting mechanisms and action against offending customers or clients.
Key takeaways from the updated 8-step guide
The Government first published its ‘Employer 8-step guide: Preventing sexual harassment at work’ when the duty to prevent sexual harassment in the workplace was introduced back in October 2024. This guide has been updated in light of the ERA 2025 changes which have just taken effect. Although the guidance is focused on sexual harassment, many of the takeaways can be tracked across to apply to all forms of harassment. It forms a useful (and succinct) guide to best practice.
Policies
Policies must be updated to cover third party harassment. The 8-step guide suggests that the section addressing third-party sexual harassment should explain clearly:
- what third-party harassment is and that it is unlawful
- that an employer can be held liable if one of their workers is harassed by a third party
- that the law requires employers to take all reasonable steps to prevent sexual harassment by third parties
- that it will not be tolerated
- that workers are encouraged to report it
- what steps will be taken to prevent it
- what steps will be taken to remedy a complaint and prevent it from happening again – for example, warning a customer about their behaviour, banning a customer, reporting any criminal acts to the police or sharing information with other branches of the business
These bullets form a useful guide for any general policy changes being made in light of the expansion of third party harassment beyond the preventative duty.
Training
The 8-step guide also makes it clear that workers should be trained on how to address third-party harassment in industries where third-party harassment from customers is more likely.
Third party harassment is just as serious as harassment by a colleague
Step 7 of the 8-step guide states that harassment by a third party, such as a customer, client, patient, or supplier, should be treated just as seriously as harassment by a colleague.
Reasonable steps
Again, although the 8-step guide is focused on sexual harassment, it has a universal message. It lists possible reasonable steps to prevent third harassment as including:
- putting reporting mechanisms in place
- practical training on how to de-escalate confrontational or abusive behaviour and deal with harassment from a third party if it occurs
- clear signage displayed in public areas to state that harassment of staff will not be tolerated
- avoiding lone or isolated working where possible.