The UK’s approach to workplace safety is undergoing a fundamental shift. Following the introduction of the Worker Protection Act last year, employers are already under a strengthened legal duty to prevent sexual harassment at work. The forthcoming Employment Rights Bill will go further still, placing significantly greater expectations on employers and HR teams.

While the intention behind the Bill is clear, many organisations are asking a practical question: what does this actually mean for us? For employers operating in sectors with frequent interaction with third parties, such as health and social care, the uncertainty is particularly acute.

This article outlines what is changing, why it matters, and how HR teams can begin preparing now.

What is changing?

A higher threshold: from “reasonable steps” to “all reasonable steps”

Currently, employers are required to take reasonable steps to prevent sexual harassment in the workplace. The Employment Rights Bill raises this bar, introducing a duty to take all reasonable steps.

This is more than a semantic change. Employers will be expected to demonstrate a proactive, structured, and evidence-based approach to prevention. Policies alone will no longer be sufficient.

Third-party harassment

A further significant development is the re-introduction of employer liability for harassment by third parties, including patients, service users, customers, contractors, and suppliers.

Under the Bill, employers will be liable for harassment of any kind by third parties unless they can show that they took all reasonable steps to prevent it. This provision is currently expected to come into force in October 2026.

Whistleblowing protections

From April 2026, complaints of sexual harassment are expected to become “qualifying disclosures” under whistleblowing legislation. This means individuals who raise concerns will benefit from enhanced legal protections against retaliation.

Confidentiality clauses and NDAs

The Bill will also render void any contractual provisions that attempt to prevent workers from making allegations or disclosures relating to workplace harassment or discrimination. While the implementation date has not yet been confirmed, employers should begin reviewing non-disclosure agreements and confidentiality clauses now.

Why this matters

The scale of the issue is significant. According to the Office for National Statistics, 21.8% of people aged 16 and over who experienced in-person sexual harassment in the year ending March 2024 experienced it at work.

The Bill aims to provide stronger protections for individuals and to drive cultural change across workplaces. For employers, this means increased accountability, greater scrutiny, and a need to clearly evidence the steps they are taking to prevent harm.

Organisations that fail to take proactive action risk:

• Employment tribunal claims
• Financial penalties, including uplifts to compensation
• Regulatory enforcement
• Reputational damage

The Equality and Human Rights Commission is also expected to play a more active enforcement role, using its existing powers to hold employers to account.

What does “all reasonable steps” look like in practice?

The Bill does not yet define what constitutes “reasonable steps”, and future regulations are unlikely to be introduced before 2027. However, government commentary suggests that employers should already be considering the following actions.

1. Update and communicate policies

Policies should include clear definitions of harassment, accessible reporting routes, and transparent investigation processes. They must be consistently enforced, with meaningful sanctions for non-compliance.

2. Carry out targeted risk assessments

Risk assessments should focus on:

• High-risk environments (e.g. lone working, night shifts)
• Regular third-party contact
• Younger or more vulnerable workers

These assessments should identify both risks and mitigating actions.

3. Deliver meaningful training

Training should be regular, role-specific, and focused on:

• Expected standards of behaviour
• Preventative action
• How to respond appropriately to concerns

Generic, one-off training is unlikely to be sufficient.

4. Audit workplace culture

Staff surveys, engagement exercises, and feedback mechanisms are critical tools for assessing whether preventative steps are effective in practice. Employers should be prepared to adapt their approach where concerns are identified.

5. Strengthen reporting and investigation processes

Reporting systems must be safe, accessible, and trusted. Investigations should be:

• Prompt and impartial
• Trauma-informed
• Conducted by individuals with appropriate skills and expertise

Investigations should also result in meaningful recommendations to prevent recurrence or address systemic issues.

6. Address third-party risks explicitly

Employers should review how they manage risks posed by third parties. This may include:

• Contractual provisions with suppliers and partners
• Clear behavioural expectations for service users and visitors
• Escalation procedures and support mechanisms for staff
• Signage or code-word systems for staff who feel unsafe

7. Review NDAs and confidentiality provisions

Existing agreements should be reviewed to ensure they do not unlawfully restrict disclosures relating to harassment or discrimination.

8. Assign accountability and document actions

Compliance requires ownership. Employers should:

• Assign accountability at senior leadership level
• Set clear timescales
• Document actions taken
• Monitor and review effectiveness on an ongoing basis

Are you ready?

The shift from “reasonable steps” to “all reasonable steps” requires more than policy updates, it demands leadership commitment, cultural change, and a tailored approach that reflects the organisation’s size, sector, workforce demographics, and risk profile.

Many small and medium-sized organisations are particularly concerned about cost, capacity, and complexity. Even larger employers are finding implementation challenging due to the ambitious timelines and lack of detailed regulatory guidance.

What is clear is that a standard, one-size-fits-all approach is unlikely to meet the new legal threshold.

How HLTH Compliance can support you

If you are unsure how these changes apply to your organisation, or if you are concerned about your readiness for the Employment Rights Bill, our HR Director is available to discuss your specific circumstances.

A tailored conversation can help you:

• Understand what “all reasonable steps” means for your organisation
• Identify priority actions
• Build a proportionate, defensible compliance plan

You can book a confidential call with our HR Director through the HLTH Compliance website.

HLTH Compliance supports providers across health, social care, and regulated sectors to meet evolving employment and governance requirements with confidence.