What difference does one word make?
From October 2026 we have a slight change to the wording used in the current terminology used to cover the liability of employers towards their employees when it comes to sexual harassment brought in by the Employment Rights Act 2025. The term employers must take “reasonable steps” becomes “all reasonable steps”. What difference will that make you may well ask. For all the English language pedants out there (or AI fanatics) they may describe this addition of “all” as a determiner or predeterminer which has the effect of expanding the scope of the employer’s obligations. Not only this, but the scope has now extended to liability of third parties such as customers, clients, patients or contractors harassing employees.
The current legislation dealing with this area is the Worker Protection (Amendment of equality Act 2010) which requires an employer to take reasonable steps to prevent sexual harassment. The Equality and Human Rights Commission have an 8-point guide for employers to follow Employer 8-step guide: Preventing sexual harassment at work | EHRC. Employers are expected to follow this guidance. The new tougher criteria requires employers to take “all” reasonable steps thus increasing their liability to be more proactive in the way they handle matters involving sexual harassment of staff. Employers will need to thoroughly review their policies and procedures when it comes to harassment and ensure they have been properly risk assessed and fit for purpose. Staff and third parties will need to be aware of their obligations. Training needs to reviewed and updated as well as complaint’s procedures and reporting procedures.
Anything else employers should take note of?
Whistleblowing
Employers should now be aware of the changes around protected disclosures (whistleblowing). From 6 April 2026 reports of sexual harassment will now automatically be included as a protected disclosure and employees will be protected when it comes to unfair dismissal for whistleblowing purposes, therefore widening liability in this area.
Non-disclosure Agreements (NDAs) and confidentiality
Once the legislation comes into effect, this will affect a number of employment contractual documents which will need to be reviewed and amended as necessary. Any provision in an agreement between an employer and worker that tries to prevent them from raising concerns or allegations about sexual harassment with be void. This will affect clauses in settlement agreements, employment contracts and equality policies more generally.
So put simply, yes one word can make a world of difference and employers need to make sure their policies and procedures are up to the job.