Mark Kaye, employment partner at Mishcon de Reya, has commented in People Management on the strengthening of the existing duty on employers to prevent sexual harassment and introduction of new protections against harassment by third parties, such as customers, clients and suppliers. The measures, introduced under the Employment Rights Act 2025, come into effect today.
The existing duty on employers to prevent sexual harassment now requires them to take what the Act describes as “all reasonable steps” to prevent harassment.
Mark said what constitutes “all” reasonable steps was undefined, and that there were concerns it would be a difficult standard to meet. “Employers should treat the existing reasonable steps baseline as the minimum,” he said.
Whether an employer met the higher threshold would depend on its size, sector, resources and working environment, he added, with tribunals “likely to take a fact-sensitive, contextual approach”.
Mark also commented on the steps employers should take to ensure they do not breach the duty. He said employers should check whether their commercial contracts with third parties contained appropriate protections against harassment and discrimination. “If there are none, it would be prudent to include them,” he said.
And he said manager training should be a priority. “Providing training to managers is helpful both in terms of supporting a better culture and in demonstrating that “all” reasonable steps have been taken.”
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