The ‘All Reasonable Steps’ Harassment Duty: What Changes on 30 October 2026

What the new duty means for employers

The all reasonable steps sexual harassment duty is a legal change that raises the standard for how employers are expected to prevent sexual harassment in the workplace. In simple terms, it is no longer enough to say harassment is not tolerated. Employers will need to show they have taken practical, proportionate action to stop it happening in the first place.

For SMEs, the key point is that this is about what you have actually done, not just what your policy says. A short, workable approach is better than a long document that nobody uses. If you are also getting your wider people processes in order, our guide to what the Employment Rights Act 2025 means for small businesses is a useful read alongside this one.

Why the 30 October 2026 start date matters for SMEs

The start date matters because businesses do not need to wait until the last minute to prepare. Once the duty applies, any gaps in policy, training or reporting routes can become much more uncomfortable to explain if a complaint arises. Small businesses often assume they are too small to need formal HR processes, but in practice the opposite is true: smaller teams usually have fewer layers of protection if something goes wrong.

There is also a timing issue. The detail behind what counts as “reasonable” is still developing, so the safest approach now is to build the basics properly and proportionately. That gives you a stronger position when the rules settle and reduces the chance of rushed decisions later.

• Review the date as a planning deadline, not a background change.
• Use the time now to fix basics before the pressure is on.
• Keep actions proportionate to the size and risk of your business.

Examples of third party harassment in small businesses

This is especially relevant in retail, hospitality, construction, property, logistics, healthcare, events and any business where staff are client-facing. If your team works alone, out of hours, or on customer premises, the risk profile can be even sharper. A simple outsourced HR support arrangement can help you spot these gaps early and put the right controls in place.

• A customer repeatedly makes sexual comments to a receptionist or sales adviser.
• A contractor uses inappropriate language on a shared site or during a visit.
• A supplier or delivery driver behaves in a way that makes an employee feel unsafe.
• A client sends messages or makes remarks that cross a professional boundary.
• A visitor ignores boundaries after being asked to stop.

What counts as reasonable steps in practice

At this stage, the exact rules are not fully pinned down, so employers should avoid assuming there is one fixed checklist. In practice, reasonable steps will usually mean taking action that is proportionate to your size, risks, workforce and working environment. For a small business, that could include a clear policy, manager training, a route for reporting concerns, and quick action when an issue is raised.

What matters is that the steps are real and usable. If a policy says staff can report harassment but nobody knows who to speak to, that will not feel reasonable in practice. If line managers do not know how to respond, the business may have a preventable problem. Flora HR often helps small businesses turn policy into practical process through hands-on HR services that fit how the team actually works.

• Simple, current policy language.
• Training for managers and key staff.
• Clear, trusted reporting routes.
• Recorded response steps for incidents.
• Controls for external contacts, visitors and contractors.

Training, policies, reporting routes and manager response

A strong response usually starts with people knowing what behaviour is not acceptable and what to do if something happens. Policies should be written in plain English and shared properly, not stored away and forgotten. Training should help managers recognise patterns, handle complaints calmly and escalate quickly when needed.

Reporting routes should be easy to use and available to staff who may not feel comfortable going straight to their line manager. Managers should know how to preserve evidence, support the person raising the concern, and avoid casual responses that minimise the issue. If you want to tighten this up as part of a wider people plan, Flora HR can help with policy reviews, manager guidance and implementation support.

Why the exact rules are still developing

This is also why a broader when to outsource HR conversation can be helpful for growing businesses. If your team is expanding, your exposure to conduct risk tends to grow with it, and it becomes harder for founders or operations leads to keep everything consistent without support.

A simple harassment risk assessment for small businesses

A harassment risk assessment small business version does not need to be complex. It just needs to be honest about where your people could be exposed to poor behaviour, who is most at risk, and what you would do if an incident happened. Think of it as a practical check on where prevention measures are needed most.

Start by looking at the normal working environment, not just the worst-case scenario. Where do people meet customers? Who works alone? Which roles involve repeat contact with contractors, visitors or suppliers? Which managers know how to deal with a complaint? A short written assessment is often enough to reveal the obvious gaps and create a simple action plan.

• Identify where third party contact happens.
• Note which teams or roles are most exposed.
• Check whether staff know how to report concerns.
• Review whether managers are trained to respond.
• List the improvements you will make and by when.

What to do now to prepare your team and documentation

If you are a UK SME, the best next step is to prepare steadily rather than react late. Review your anti-harassment policy, complaints process, induction content and manager guidance. Make sure your reporting route is easy to find and that staff know concerns will be taken seriously. If you use contractors, clients or other third parties regularly, add clear expectations to your onboarding and site rules.

It is also worth checking your wider HR documentation so the message is consistent across contracts, handbooks and operational procedures. That includes how incidents are recorded, who investigates, and how you decide what action is appropriate. If you want a practical route through that work, Flora HR can support you with HR consultancy and documentation so the process is proportionate, not over-engineered.

When to get HR support and how Flora HR can help

If you are scaling and need ongoing support, Flora HR can also help you build the right foundations for people management, compliance and day-to-day HR operations. That way, you are not just responding to one legal change; you are strengthening how your business manages people overall.