Since October 2024, The Worker Protection Act has required employers to take ”reasonable steps” to prevent sexual harassment of their employees in the course of their employment. In October 2026, this is changing to “all steps” - do you know what this means for you?
Reasonable Steps
So what could be “reasonable steps”? Well, this will vary from employer to employer depending on their size of organisation, type of employment, sector/industry they are in, and resources available.
Some of the things an employer can look at include:
· Assessing Risks – what are risk ‘hotspots’ within the workplace? Are there any power imbalances, job insecurity, lone working, the presence of alcohol, customer facing roles/duties, any events that present risks, worker secondment, lack of diversity in teams, social media communication/interaction or personal relationships at work?
· Policies and Procedures – do you have relevant, effective policies and procedures in place, and are they communicated to all current and new employees?
· Training – do you provide adequate and appropriate training around what is harassment, victimisation and bullying, what to do if someone experiences it, and how to support disclosures and complaints within a trauma-informed approach?
· Supporting Employees – are you supporting your workforce at all levels through 121s, staff surveys, exit interviews and/or open communication so they can raise concerns, and you can review your policies and procedures regularly?
· Reporting – if disclosures are made, is your reporting procedure clear? Does it centre the victim’s wants? Does it protect the complainant from ongoing victimisation or harassment? Is the complaint investigated in a timely manner? Are all communications clear, transparent and also in a timely manner? Do you know where to signpost victims to for counselling and support?
What are the Key Legal Changes for October 2026?
The “All Reasonable Steps” Standard: The legal threshold is moving past general preventative measures. Employers will now be forced to prove they took every possible, proactive step to stop sexual harassment before it happens rather than just reacting after an incident occurs.
Third-Party Harassment Liability: Companies will become directly liable if a worker faces harassment from external third parties—including customers, clients, suppliers, or members of the public—unless all reasonable preventative steps were actively implemented.
Expanded Protections: The rules surrounding third-party liability are not restricted solely to sex-based or sexual harassment; they extend across all protected equality characteristics.
Compensation Penalties: Employment tribunals retain the teeth to increase compensation awards by up to 25% if an employer fails to meet these heightened preventative duties.
Timeline of Reforms: These autumn updates build directly on earlier 2026 milestones, most notably the explicit whistleblowing protections introduced in April 2026 for sexual harassment disclosures.
Support from RSVP
The Rape and Sexual Violence Project (RSVP) provide free counselling and advocacy for survivors of sexual violence and abuse across Birmingham and Solihull.
Their specialist training team provide sexual harassment training and consultancy to organisations, this includes:
Policy Review & Gap Analysis:
· Comprehensive Auditing: reviewing existing employee handbooks, disciplinary procedures, and equality policies to ensure they align with modern proactive standards rather than outdated reactive measures.
· Third-Party Frameworks: developing specialised protocols that govern interactions with external parties (customers, clients, suppliers, and the public), including clear guidelines on refusing service or cutting ties due to abusive or harassing behaviour.
Workplace Risk Assessments
· Environment and Role Evaluation: facilitating structured assessments to identify high-risk scenarios unique to the organisation (e.g., lone working, night shifts, alcohol availability at corporate events, travel, or remote work environments).
· Action Plan Creation: designing measurable, documented mitigation strategies that organisations can readily present as concrete evidence of compliance if challenged.
Tailored Training Programmes
· Staff Awareness & Upstander Intervention: Educating all team members on what constitutes harassment, the importance of inclusive behaviour, and safe intervention strategies for witnessing inappropriate conduct.
· Managerial & Leadership Training: Equipping supervisors and leadership teams with the skills to identify early warning signs, handle sensitive disclosures empathetically, maintain confidentiality, and escalate concerns properly without victimisation or breach of whistleblowing protections.
Reporting Systems & Cultural Audits
· Secure Channels: Advice on implementing confidential, accessible, and anonymous reporting mechanisms that encourage workers to voice concerns safely.
· Culture and Feedback Surveys: Conducting staff consultations to gauge cultural health, spot recurring systemic issues, and measure the effectiveness of current preventative measures over time.
· Counselling Services: though their sister organisation, GINA, they can arrange counselling packages
The Team have supported such organisations as: Birmingham Women’s and Children’s Hospital, Aston University, West Midlands Business Festival, Solicitors Regulation Authority, BHSF, Colmore BID, and Safer Dance – night time economies project. Income generated from consultancy and training is used to fund their vital counselling and advocacy services.
How can RSVP help you? For more information contact trainer@rsvporg.co.uk
GINA – Supporting women subjected to sexual harassment, violence & abuse
Meet GINA, a local Birmingham non-profit who support women (aged 18+) who have been subjected to sexual harassment, violence & abuse. Led by women with lived experience, GINA offers immediate specialist counselling (no waiting times), bespoke products/resources & volunteering opportunities.
GINA also works in partnership with venues to support women. GINA supports venues (including pubs, bars, restaurants, clubs, music venues) to better support women who have been subjected to sexual harassment, violence & abuse. GINA offers specialist support packages, tailored to the needs of venues, their staff & their customers. This can include:
- Immediate specialist counselling & signposting
- Training
- Bespoke products
- Tailored resources & free materials (posters/leaflets) for venues
- Opportunities for volunteering, fundraising & partnership working
GINA works with venues to create safer spaces for women.
Find out more about GINA: https://www.gina.uk.com/
Get in touch: hello@gina.uk.com