Health and social care employers already have a duty to take reasonable steps to prevent sexual harassment of workers. From 30 October 2026, the Employment Rights Act 2025 strengthens that duty to all reasonable steps. Employers will need to identify the risks in their own service, act on every preventive step that is reasonable in the circumstances, and keep reviewing whether the measures work. Acas explains the change.
This is a preventive duty. Waiting until an allegation is made before finding out whether workers have a safe reporting route is too late. In a care setting, the plan should fit the actual service: a home-care worker on a lone visit faces different risks from a receptionist at a clinic or a worker on a staffed night shift. Sexual harassment may come from a colleague, manager or third party, and it can occur online as well as in person.
What does “all reasonable steps” mean?
The word all matters. Acas says an employer should take all steps that are reasonable for its size, sector and work, across the organisation. It is not a fixed list of identical controls for every employer. Nor does it mean that an employer can guarantee no incident will ever happen. It requires a serious, continuing assessment of foreseeable risks and practical preventive measures. Acas guidance.
The existing preventive duty began in October 2024. The Equality and Human Rights Commission (EHRC) can enforce a breach, and where a worker succeeds in a sexual harassment claim a tribunal may increase compensation by up to 25% if the preventive duty was breached. That uplift is linked to a successful claim; it should not be described as an automatic fine for every policy gap. The EHRC’s employer checklist and action plan offers a useful starting point. Separate third-party harassment liability also changes on 30 October; our companion article deals with that question in detail.
Start with the work people actually do
A generic office policy does not capture every care risk. Look at recruitment interviews, handovers, transport, overnight work, private rooms, home visits, social events, training sessions and digital messages. Consider power imbalances between a senior manager and a new starter, or between a worker and someone controlling shifts. Include permanent staff, bank and agency arrangements in the assessment, while checking who has the relevant employment obligations in each arrangement.
Invite workers to describe places and situations where they feel vulnerable. Review incident records and complaints without treating low reporting as proof of low risk. A person may fear that speaking up will affect shifts, references or relationships with colleagues. Make it possible to report outside the line-management chain. Protect confidentiality as far as possible, but explain that information may need to be shared to investigate fairly or protect others.
For home visits, for example, a useful assessment might consider previous boundary-crossing behaviour, whether another worker can attend, check-in arrangements and how a worker can leave safely. For a care home, it may consider private spaces, handover culture, visitor interactions and supervision on nights. A control should respond to the risk identified, and its owner and review date should be clear.
Build a prevention plan workers can use
Write a clear policy. Define sexual harassment in accessible language and give examples relevant to the service. Explain conduct at work events and in messages, how to report, who investigates, available support, and how retaliation will be addressed. Make sure the document is easy to find and used in induction.
Give more than one reporting route. A worker should not have to report an allegation about their manager to that same manager. Consider a senior alternative, HR contact or independent route appropriate to the organisation. Tell workers what happens after a disclosure, including immediate safety steps.
Train for real situations. All staff need to recognise and report inappropriate conduct. Managers need additional practice in receiving a disclosure, preserving evidence, separating allegations from findings and avoiding victimisation. Refresh training when roles or risks change. Acas recommends training suited to the organisation, not an untargeted annual tick box. Acas preparation advice.
Put practical controls in place. Depending on risk, these may include staffing, a chaperone arrangement, safer visit allocation, check-in systems, clear boundaries for digital communications and a plan for repeated behaviour by visitors. Avoid moving the person who reported an incident as the default solution or penalising their shifts.
Monitor and improve. Record incidents and near misses sensitively, identify patterns by setting or time, and revisit the risk assessment. Leaders should check whether staff know their reporting options and whether previous actions actually reduced risk. The EHRC eight-step guide and checklist can help structure this review; check for updated guidance as the law changes.
Respond properly when an incident is reported
A preventive plan and a fair response go together. First assess immediate safety and support needs. Listen without pre-judging, record the person’s account accurately, and explain the process and likely timescale. Preserve relevant messages, rota records or CCTV lawfully. Appoint an impartial investigator and give the person complained about a fair opportunity to respond. Make findings on the evidence and communicate the outcome within appropriate confidentiality boundaries.
Where a service user has care needs or impaired capacity, responses should be proportionate and person centred while still protecting workers. Consider a changed visit plan, additional staff, clinical or safeguarding input and support for the worker. The person’s circumstances do not make sexual harassment simply “part of the job.” The correct action will depend on the facts and the service’s legal obligations.
Frequently asked questions
When does the higher preventive standard begin?
On 30 October 2026. The existing duty to take reasonable steps remains in place before then. Acas.
Does a written policy alone satisfy the duty?
A policy helps, but an employer needs measures suited to actual risks, communication, training, usable reporting and review. What is reasonable depends on the organisation.
Does the duty include harassment by patients?
The preventive sexual harassment duty already requires employers to consider risk from third parties. New liability for third-party harassment begins on 30 October 2026. EHRC; Acas.
What if harassment happens in a work-related group chat?
Online behaviour can be relevant. Acas explicitly includes online and in-person sexual harassment in the steps employers should consider. Preserve evidence and apply the reporting and investigation process. Acas.
Must every small provider buy expensive safety equipment?
No universal equipment list applies. The steps depend on risk, size, work and available resources. A small service still needs to assess its particular risks and take reasonable action.
Is a 25% compensation uplift automatic?
No. The tribunal can consider an uplift of up to 25% in a successful sexual harassment claim where it finds a breach of the preventive duty. EHRC.
Conclusion
Preventing sexual harassment in care calls for more than a policy stored on a shared drive. Before 30 October, leaders can map the risks, listen to workers, strengthen reporting, train managers and record the controls chosen. Review the plan after incidents and when the service changes. Get specialist employment advice for a serious allegation or a disputed legal duty.
