All Reasonable Steps: Preventing Sexual and Third-Party Harassment as the Legal Duty Shifts From Response to Prevention

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All Reasonable Steps: Preventing Sexual and Third-Party Harassment as the Legal Duty Shifts From Response to Prevention

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Abstract: From 30 October 2026, the UK Employment Rights Act 2025 raises employers' duty from taking reasonable steps to taking all reasonable steps to prevent sexual harassment, and makes employers liable for harassment of employees by third parties such as customers, clients, and patients. This article situates that change within a wider international shift toward preventive duties, including Australia's positive duty, ILO Convention 190, and the contrasting rescission of US federal harassment guidance. Drawing on meta-analytic and survey evidence, regulatory guidance, and enforcement actions and culture reviews across hospitality, mining, policing, fire services, healthcare, technology, manufacturing, and business associations, it argues that perceived organizational tolerance is the strongest lever on harassment and that the new standard can only be met through an integrated system. Five evidence-based responses are examined: risk assessment that includes third parties, leadership accountability, trusted reporting and fair response, behavior-focused bystander and manager training, and measurement with transparency. The article closes with guidance on building long-term prevention capability for multinational leaders.

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