Employment Rights Act 2025: New third-party harassment rules for employers

From 30th October 2026, employers will be under a new legal duty to take all reasonable steps to prevent third-party harassment in the workplace. 

While the Employment Rights Act 2025 introduces a range of workplace reforms, employers should pay particular attention to the new duty to prevent third-party harassment. For many organisations, preparing for the changes will mean reviewing existing policies, training programmes and reporting procedures in advance of October 30th, 2026. 

The new duty recognises a reality faced by many workers: harassment does not always come from colleagues. Employees regularly interact with customers, clients, contractors, suppliers and members of the public, and employers will now be expected to take proactive steps to reduce the risk of harassment arising from those interactions. 

What is changing? 

Under the Employment Rights Act 2025, employers will have a legal responsibility to take all reasonable steps to prevent workers from being subjected to harassment by third parties. 

This means that organisations can no longer view incidents involving customers, clients or other external individuals as entirely outside their control. Instead, employers will need to consider what preventative measures they have in place and whether those measures are sufficient to protect their workforce. 

Importantly, the new duty extends beyond sexual harassment and covers harassment relating to all protected characteristics under the Equality Act 2010, including age, disability, race, religion or belief, sex and sexual orientation. 

Which employers are most likely to be affected? 

Any business whose employees interact with people outside the organisation could be affected by the new duty. 

Particular attention should be paid by employers operating in: 

• Hospitality and leisure 

• Retail 

• Healthcare 

• Education 

• Professional services 

• Public sector organisations 

• Transport and logistics 

• Customer service and contact centres 

In many of these environments, staff routinely deal with members of the public, increasing the potential for complaints and legal claims if appropriate safeguards are not in place. 

What are “all reasonable steps”? 

The legislation does not require employers to prevent every incident from occurring. Instead, organisations must demonstrate that they have taken all reasonable and proportionate measures to minimise the risk. 

The steps expected will vary depending on factors such as: 

• The size of the organisation 

• The nature of the work being carried out 

• The level of interaction with third parties 

• Previous incidents or complaints 

• Available resources 

The key message for employers is that prevention is likely to be viewed more favourably than reaction. Waiting until a complaint arises may leave businesses vulnerable if they cannot demonstrate that they took all reasonable steps to reduce foreseeable risks. 

What should employers do before 30th October 2026? 

As the implementation date approaches, employers should review and update their policies and procedures as part of their wider HR compliance responsibilities. 

1. Review anti-harassment policies

Many workplace policies focus on conduct between employees. Employers should ensure their policies clearly address harassment by third parties and explain how concerns will be investigated and resolved. 

2. Assess where risks exist

Consider which roles or departments are most likely to encounter customers, suppliers, contractors or members of the public. 

Identifying higher-risk situations can help employers implement targeted preventative measures. 

3. Deliver manager and staff training

Employees should receive training on recognising harassment and understanding the organisation’s reporting procedures. 

Managers should also understand how to respond appropriately when complaints are made. 

4. Strengthen reporting procedures

Workers need clear and accessible ways to report incidents. 

An effective reporting process not only supports employees but also helps employers identify patterns of behaviour and address risks before they escalate. 

5. Communicate expectations to third parties

 Organisations will need to review customer and supplier contracts or terms of conditions and may wish to introduce customer charters, behavioural standards, contractual provisions or signage making it clear that harassment of staff will not be tolerated. 

6. Maintain clear records

Keeping accurate records of complaints and the action taken in response can help demonstrate compliance with the new duty. 

Why acting now matters 

The introduction of the third-party harassment duty signals a wider shift towards proactive workplace protection. 

Businesses that begin preparing now will have more time to review policies, train managers and embed best practice before the legislation takes effect. 

Early action can help employers: 

• Reduce legal and tribunal risk 

• Improve employee wellbeing 

• Strengthen workplace culture 

• Demonstrate compliance 

• Protect business reputation 

• Increase employee confidence and retention 

Most importantly, it helps create safer and more respectful working environments for everyone. 

How we can help 

With the new legal duty taking effect on 30 October 2026, employers should review their policies, training and workplace procedures ahead of the deadline. 

Our Employment team advises organisations on workplace compliance and can help ensure existing arrangements reflect the requirements introduced by the Employment Rights Act 2025 and the wider direction of travel established by the Worker Protection Act. 

Get In Touch

Sylviane Kokouendo, an Associate Partner in our Employment and HR team, has extensive experience advising employers on all aspects of employment law. She supports organisations with redundancy planning, consultation processes, restructuring, settlement agreements, and Tribunal proceedings, as well as day to day HR matters.

To discuss how we can support your organisation through these changes, please contact our employment team on 03330 606 026 or get in touch through our online enquiry form.

You can also visit us at our offices in Manchester, Sale and Chester.