Why Collecting Misconduct Data Isn't Enough to Meet the New All Reasonable Steps Duty

Our co-founder and CEO, Gemma McCall, has written a piece for The HR Director exploring one of the most persistent gaps in workplace misconduct management: the space between collecting data and actually using it.

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The article draws on new research of 300 senior HR professionals. The findings are stark. Only 41% of organisations consistently aggregate and analyse misconduct or speak-up data to identify patterns. Just 43% regularly use reporting insights to inform preventative action. And two thirds still rely on manual methods like spreadsheets and Word documents to manage this data.

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These numbers matter more than ever. From October, employers of all sizes must demonstrate they have taken "all reasonable steps" to prevent sexual harassment under the Employment Rights Act. Collecting reports will no longer be enough. Organisations need to show they are acting on what that data tells them.

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In the article, Gemma writes:

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"Collecting data is really only the starting point. The real value and change comes from what organisations do with it, looking at reports collectively, identifying trends, and using those insights to act before issues escalate."

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This speaks to a pattern we see across the sector. Many organisations have invested heavily in reporting channels, hotlines, and case management processes, yet treat each report as a standalone incident. Without aggregating that information, recurring behaviours, team-level trends, and early warning signs go unnoticed until they escalate into something far more serious.

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Gemma also addresses the shift the new legislation demands:

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"With the strengthened duties under the Employment Rights Act coming into force in October, organisations will need to demonstrate not just that they have reporting processes in place, but that they are actively using the information they receive to prevent misconduct. That shift from reactive to proactive is where prevention really begins."

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This is the analytical discipline organisations now need to build. Every report is a data point. Treated collectively, those data points reveal risk before it turns into harm, and give organisations the evidence they need to meet their new legal obligations.

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Read Gemma's full article in The HR Director for the complete research findings and analysis.

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For the full picture, including the perception gap between HR professionals and employees on speak-up culture, download the Culture Shifters Annual Report 26/27.