For a long time, having a policy in place felt like the job was done. Tick the box, store it somewhere sensible, and rely on it if something ever went wrong.
That approach won’t protect you going forward. From October 2026, if a harassment claim is made, employers will need to do far more than point to a written policy. You’ll be expected to show clear, practical evidence that you took every reasonable step to prevent it happening in the first place.
How we got here
The shift hasn’t happened overnight. The expectations on employers have been building:
- Before 2023: Under the Equality Act 2010, having a policy often formed part of a defence
- 2024: A new proactive duty required employers to take reasonable steps to prevent sexual harassment
- October 2026: The bar rises again – employers must demonstrate they took all reasonable steps
It might sound like a subtle change in wording, but in reality, it raises the standard significantly.
What’s changed in practice
There are two key developments that businesses need to understand.
1. The standard is higher
It’s no longer enough to show that you did something. You need to show that you did everything that could reasonably be expected.
That means being proactive, consistent, and able to evidence your approach.
2. Third-party behaviour now matters
Responsibility doesn’t stop at your employees.
If someone outside your business — a client, customer, contractor, or member of the public — behaves inappropriately towards your team, you can still be held accountable if you haven’t tried to prevent it.
For many businesses, that’s where the real risk sits.
Think about roles that involve:
- Client sites
- Events or hospitality settings
- Sales environments
- Public-facing work
If those risks haven’t been considered, there’s a gap.
What “all reasonable steps” actually looks like
This isn’t about adding more paperwork. It’s about being able to show that your approach works in practice.
In most organisations, that will include:
- A clear, up-to-date policy that people have actually read and acknowledged
- Managers who know how to spot issues and handle them properly
- Simple, visible ways for employees to raise concerns
- A written risk assessment that reflects how your business operates
- All staff and Managers trained on what is appropriate and how to deal with concerns
- Evidence that you’ve acted on the risks you’ve identified
That last point is often where things fall down.
A document on its own won’t protect you. What matters is what you did because of it.
The cost of getting it wrong
If a claim goes to tribunal and you can’t show that you met your preventative duty, compensation can be increased by up to 25%.
That’s on top of the original award.
So the financial impact can escalate quickly — alongside the reputational damage and internal disruption that comes with it.
A quick sense check before October 2026
It’s worth stepping back and asking a few simple questions:
- Is your policy genuinely up to date, and does it reflect third-party risks?
- Can you show that employees have seen and understood it?
- Have managers been trained, not just informed?
- Do people know how to report a concern and feel able to do it?
- Have you assessed where the real risks are in your business?
- Could you quickly evidence everything you’ve done if needed?
If you’re unsure on any of these, it’s a sign that more needs to be done.
Getting ahead of the changes
Most businesses aren’t starting from scratch — but many aren’t where they need to be either.
This is less about rewriting policies and more about strengthening how things work day to day.
At GFHR Consulting, we help you take a practical approach:
- Reviewing where you are now against the upcoming standard
- Identifying risk areas, including third-party exposure
- Making sure your processes stand up to scrutiny
- Building manager confidence through real-world training
So if something is raised, it’s handled properly from the start.
Let’s get this sorted before October
The earlier you address this, the easier it is to put the right foundations in place.
If you’d like an honest view of where your business stands and what needs to happen next, we’re here to help.