The ‘all reasonable steps defence’: A successful get out of jail free card

Employers will be liable for the discriminatory acts of their employees, in the course of employment, unless they can show that they have taken ‘all reasonable steps’ to prevent the wrongdoing.

This “all reasonable steps” defence is often considered a ‘get out of jail free card’ for employers in discrimination claims – but it has, historically, been incredibly difficult to plead successfully, with the Equality and Human Rights Commission (EHRC) stating that an employer would only be considered to have taken all reasonable steps if “there were no further steps that they could have been expected to take…”

Therein lies the difficulty.

There has to have been nothing else the employer could have been expected to do.

A near impossible standard, it was thought.

However, in the recent case of Mr John Campbell v 1) Sheffield Teaching Hospitals NHS Foundation Trust 2) Mr Wesley Hammond 2025, we have seen that this defence is achievable for employers with the right foundations in place!

In this case, the Employment Appeal Tribunal upheld the Trust’s defence against a race discrimination claim, finding that it had taken all reasonable steps to prevent racial harassment.

Here are the key steps, taken by the Trust, that employers can take note of:

• Induction training for Mr Hammond (the second respondent) that covered:

• • Expectations for acceptable workplace behaviour
  • A strong emphasis on the Trust’s core PROUD values—dignity, trust, and respect for everyone

• Annual performance reviews, which explicitly assessed alignment with the PROUD values
• Posters reinforcing the PROUD values displayed in Mr Hammond’s work environment
• Mandatory equality and diversity training delivered in small groups every three years, which included clear guidance on respectful conduct and valuing difference

Having taken the above steps, on the facts of this particular case, the Trust was not liable for Mr Hammond’s discriminatory acts.

Whilst the above steps may not be sufficient in every case, this does give us a clear indication that it isn’t an impossible standard.

This case also gives us some hints as to what kinds of steps may be expected to comply with the new duty to prevent sexual harassment in the workplace, covered in an earlier guest blog by Rosie Cowling, which similarly requires anticipatory preventative steps to be taken by employers.

The key takeaway:

Both the ‘all reasonable steps defence’ and the ‘duty to prevent sexual harassment’ aren’t about how employers react after behaviour arises. Both focus on the preventative and proactive steps employers can take before any issue occurs.

This trend, of placing the responsibility on employers to prevent issues from arising in the first place, looks set to continue. Training, clear policies, and a culture of accountability can all tip the scales in an employer’s favour.

Our Associate, Laura Gillhespy, previously published a blog outlining some other practical steps employers take to prevent discrimination from taking place – which you can read here: What is the ‘all reasonable steps’ defence and when can an employer rely on it?

Employers who invest in robust and consistent preventative measures are much better placed to mount a successful defence – and foster a more inclusive workplace in the process. Please get in contact with us if you’d like our support in implementing or reviewing your approach.