From October 30, employers in the United Kingdom will face tightened legal obligations to prevent harassment in the workplace under the Employment Rights Act 2025. The legislation increases the standard from requiring companies to take “reasonable steps” to preventing harassment to “all reasonable steps,” a change expected to have significant implications for businesses across multiple sectors.
The roots of this legal obligation trace back to a 1994 incident involving comedian Bernard Manning at an event held by the City of Derby Round Table charity. Manning, known for his controversial and offensive humor, made a series of sexually explicit and racially offensive remarks directed at two black waitresses, Freda Burton and Sonia Rhule, who were clearing tables after the official event had ended. While the initial complaint against their employer, De Vere Hotels, was dismissed, a successful appeal established a precedent holding employers liable for third-party harassment occurring in the workplace.
This principle was codified into law in 2010 but was later repealed by the coalition government in 2013 as part of broader deregulation efforts. The 2025 Employment Rights Act reverses this repeal and strengthens employer responsibilities regarding harassment, covering sexual, racial, religious, and disability-related misconduct.
Legal experts highlight the potential benefits of the change. Eliza Nash, a partner at Constantine Law specialising in employment law, commented that the requirement aligns limiting legal risks with fostering safer and more inclusive workplaces, ultimately improving staff retention and morale. However, businesses, particularly in customer-facing industries such as hospitality, express concern about the challenge of managing customer behavior and meeting the new legal standard.
In response, numerous companies have already implemented visible measures to signal zero tolerance for abusive behavior. For example, Greggs has introduced posters reminding customers of the need for respectful conduct, while JD Wetherspoon and Premier Inn have also displayed messages encouraging kindness and outlining support mechanisms for staff confronted with difficult situations.
The updated legislation also increases potential compensation for workers who establish that their employer failed to take “all reasonable steps” to prevent harassment, with a 25 percent uplift compared to cases based on the previous “reasonable steps” standard. This could lead to a rise in employment tribunal claims.
While some leaders in human resources welcome the legislation as a necessary step to protect employee rights and improve workplace culture, others question whether it is appropriate for businesses to bear the responsibility for addressing societal issues such as racism and misogyny. Critics argue that the fundamental causes lie outside the workplace and that legal changes place an undue burden on companies to police behavior rather than communities, educational institutions, or individuals.
As the new legal requirements take effect at the end of October, employers will need to review and potentially strengthen their policies, training programs, and procedures to comply with the enhanced standard and mitigate the risk of legal action.
