For estate and letting agents, whose staff work closely with clients, contractors and the public, the implications are significant. The law is shifting from reactive HR processes to a culture of proactive prevention.

The Four Key Changes

1. New “All reasonable steps” duty

Employers are currently required to take “reasonable steps” to prevent sexual harassment. The new law raises the bar to “all reasonable steps,” demanding a thorough and proactive approach.

This means preventing incidents before they occur, conducting regular risk assessments, and embedding not just policies but also practical tools employees can use in real situations. Outdated methods, such as phoning the office with a “safe word” or apps that require log-ins during emergencies, are inadequate.

As an ex-letting agent of 18 years I have long felt that these measures are totally impractical when faced with a real emergency situation and do not do enough to prevent.

Failure to meet this duty can now result in a 25% uplift in compensation if an employee wins a harassment claim.

2. Third-party harassment liability

Employers will become liable for harassment carried out by clients, customers, contractors or the public and not only in cases of sexual harassment. Any harassment linked to a protected characteristic (race, religion, disability, age, etc.) could result in liability if adequate prevention steps cannot be proven.

Estate and letting agent staff who routinely deal with the public, are particularly exposed.”

Estate and letting agent staff who routinely deal with the public, are particularly exposed. While employers won’t be expected to anticipate the entirely unforeseeable, will be expected to assess:

• The nature of expected third-party contact.
• The type and frequency of interactions.
• The environment in which they occur.

Given agents’ comparatively high risk profile, preventive measures and preventative safety tools are essential.  Fortunately, there is a low-cost solution that comprehensively ticks this box, along with others required for the updates; protecting your employees and complying with the law.

3. Harassment as a whistleblowing-protected disclosure

From April 2026, harassment disclosures, including sexual harassment, will be explicitly protected under whistleblowing law.

This offers employees stronger protection from retaliation and places a duty on employers to provide confidential, secure reporting channels. A quiet word with HR or other visible reporting  will not suffice.

To ensure true privacy, a mobile-first reporting solution allows employees to raise concerns discreetly from their own devices, anytime and anywhere, without workplace visibility.

4. Ban on NDAs to silence victims

Confidentiality clauses that prevent workers from speaking out about harassment or discrimination will be void, applying to both employees and witnesses.

Employers should review contracts, settlement agreements and procedures now to ensure compliance.”

Employers should review contracts, settlement agreements and procedures now to ensure compliance.

Why These Changes Matter for Estate & Letting Agents

With frequent off-site viewings, client visits and public interaction, agency staff often operate outside traditional office environments, exposing them to increased risk.

These updates mean:

• A higher burden of proof on employers to demonstrate they have done everything possible to prevent harassment.
• Client behaviour becomes the employer’s responsibility.
• Employers must provide secure, private reporting systems, accessible from anywhere – not just in-office.

What “All Reasonable Steps” Will Look Like

The Government will issue regulations defining “all reasonable steps,” but examples already indicated include: formal risk assessments, publishing prevention plans/policies and establishing confidential reporting and complaint-handling procedures.

Employers will need to show ongoing effort and regular reviews.”

Employers will need to show ongoing effort and regular reviews. Simply having a policy on file and an HR department will no longer be enough.

The Cost of Getting It Wrong

• Tribunal claims can result in unlimited compensation.
• A failure to meet the “all reasonable steps” duty may add a 25% uplift to awards.
• The reputational damage of a harassment case can be devastating, particularly in a client-facing industry.

Final Word

These reforms represent more than a legal update, they mark a cultural shift in workplace safety and employer responsibility.

For estate and letting agents, the message is clear: act early, act thoroughly, act proactively. With the right tools and procedures in place, compliance can be cost-effective and straightforward – protecting your staff, your clients and your business.

Rebecca Evans is COO and Co-Founder of The Sentry, a mobile-based reporting tool which provides secure reporting and logs all incidents and activity, helping employers’ evidence compliance and defend against claims. It aligns with the new legal standards protecting businesses and employees.

For more details email [email protected]