A significant change to workplace harassment law comes into force on 30 October 2026. Employers will be under a strengthened duty to take all reasonable steps to prevent harassment – not just by employees, but also by third parties.
This is a significant obligation for employers whose employees have interactions with third parties such as customers, service users, patients, students, contractors, members of the public.
What is changing?
The new duty expands existing obligations so that employers must proactively prevent harassment connected to any of the nine protected characteristics. Crucially, this now extends to harassment by third parties and not just an employer’s own staff who are more under the employer’s control.
What should employers be doing now?
Although the change builds on existing law, the obligations on employers are certainly heightened and require a more proactive and preventative approach. Key steps include:
1. Review and update risk assessments
Regularly assess where harassment risks may arise, particularly in customer-facing roles or when staff are working on third-party premises. Consider what data already exists which might point towards particularly high-risk areas.
2. Strengthen policies and procedures
Ensure anti-harassment policies clearly cover third-party behaviour and set expectations for all those interacting with your workforce.
3. Train staff and managers
Training should equip staff to recognise, report and respond to inappropriate behaviour from all third parties the various parts of your workforce interact with. Training should be across all levels.
4. Improve reporting mechanisms
Employees must feel able to raise concerns. Systems should be trusted, accessible and lead to meaningful action.
5. Take action when issues arise
Where harassment is reported, employers should investigate properly, support those affected, and take appropriate action against perpetrators - including third parties where possible.
6. Messaging and Communication
It will be crucial to make it clear – both to the staff themselves and to the relevant third parties concerned - that harassment of staff will not be tolerated. Align with third parties; consider strengthening arrangements and contractual terms with clients, contractors and partners to spell out your position on this issue.
Taking a proactive stance
The direction of travel is clear: employers are expected to anticipate risks, not just react to incidents. This includes learning from past issues, monitoring effectiveness, and continuously improving systems.
Those that embed robust, practical measures will equip themselves to manage risk and demonstrate compliance by building an environment where staff feel safe, supported and able to raise concerns as this new duty comes into force.
For guidance on third party harassment, please contact our expert employment law solicitors.
Previous insights in our ERA Series
Employment Rights Act Series: TU access agreement provisions in force from 30 October 2026 – What employers need to know and do (Legal Director, Ross Hutchison) 23 October 2026
Employment Rights Act Series: Tightening the collective consultation regime and heightening the stakes of non-compliance (Associate, Emma Kimberlin) 22 October 20206
Employment Rights Act Series: Delays to updated rules on fair tipping (Solicitor, Rebecca Isles) 25 September 2026
Employment Rights Act Series: A big consultation on ‘little’ things – zero and low hours and short notice (Principal Associate, Suzanne Nulty and Partner Meredith Hurst) 8 July 2026
Employment Rights Act Series: Protected Disclosures: Sexual Harassment (Partner, Saira Ali) 30 April 2026
Employment Rights Act Series: Further consultations on redundancy, industrial action, and agency work (Principal Associate, Louise Singh) 30 March 2026
Employment Rights Bill Series: Amendments to zero-hours contracts provisions (Principal Associate, Suzanne Nulty) 29 April 2026
Employment Rights Act Series: April 2026 changes spring into force – practical considerations for employers (Partner, Mark Landon and Principal Associate, Suzanne Nulty) 27 March 2026
Employment Rights Act Series: Further consultations for Spring 2026 (Principal Associate, Louise Singh) 25 February 2026
Employment Rights Act Series: New trade union law now in force and updated timeline (Principal Associate, Louise Singh) 25 February 2026
Employment Rights Act Series: Redundancy collective consultation: Doubling down on recalcitrant employers by doubling up on protective awards (Principal Associate, Suzanne Nulty and Legal Director, Victoria Duddles) 29 January 2026
Hark! The Employment Rights Act 2025 is nigh… (Partner, Nick Newman and Principal Associate, Louise Singh) 17 December 2025
Employment Rights Bill Series: Four ‘autumn 2025’ consultation launched (Principal Associate, Matt Smith) 24 October 2025
Employment Rights Bill Series: Amendments to zero-hours contracts provisions (Principal Associate, Suzanne Nulty and Principal Associate, Louise Singh) 07 August 2025
Employment Rights Bill Series: Amendments to the Fire and Re-hire provisions (Legal Director, Ross Hutchison) 22 July 2025
Employment Rights Bill series | July amendments: NDA changes and more (Principal Associate, Louise Singh) 13 July 2025
Employment Right Bill Series: Implementation Roadmap – a long and winding road (Principal Associate, Suzanne Nulty and Partner, Mark Landon) 08 July 2025
Employment Right Bill Series: House of Lords Stages completed (Principal Associate, Suzanne Nulty) 26 June 2025
Employment Rights Bill Series: The House of Lords Stages so far (Principal Associate, Suzanne Nulty) 6 June 2025
Employment Rights Bill Series: Employment Rights Bill moves from Commons to Lords (Principal Associate, Suzanne Nulty) 25 March 2025
Employment Rights Bill Series continued (Principal Associate, Suzanne Nulty) 7 March 2025
Employment Rights Bill Series: Zero Hours Contracts and Guaranteed Hours: A Zero-Sum policy? (Principal Associate, Louise Singh) 27 January 2025
Employment Rights Bill Series: Small but significant changes to the statutory sick pay system (Principal Associate, Ashley Powis) 13 December 2024
Employment Rights Bill Series: First set of proposed amendments: what it means and what to expect (Principal Associate, Suzanne Nulty) 6 December 2024
Employment Rights Bill Series: Further rules on fair tipping (Principal Associate, Ashley Powis) 3 December 2024
Employment Rights Bill Series: Dismissal and Re-engagement - Tying the Hands of employers? (Legal Director, Ross Hutchison) 22 November 2024
Employment Rights Bill Series: The Fair Work Agency (Principal Associate, Suzanne Nulty) 15 November 2024
Employment Rights Bill Series: The Pendulum Swings on Industrial Relation (Partner Andrew Forrest and Principal Associate, Louise Singh) 8 November 2024
Employment Rights Bill Series: Day 1 right to claim unfair dismissal (Principal Associate, Suzanne Nulty and Associate, Lauren Barchet) 25 October 2024
Employment Right Bill Series – Flexible Working “Further Flexion” (Principal Associate, Suzanne Nulty) 21 October 2024
The Employment Rights Bill Series: 2024 – What’s in, What’s out, and What’s next (Principal Associates, Louise Singh and Suzanne Nulty) 11 October 2024
