Employers’ duty to prevent third-party harassment is getting closer

Is your business ready for the new legal duty coming into force in October 2026?

From October 2026, employers will have a new legal duty under the Employment Rights Act 2025 to take all reasonable steps to prevent employees from being harassed by third parties, including customers, clients, contractors, suppliers and visitors.

The changes will affect organisations of all sizes. If your employees regularly deal with customers or members of the public, work alone, attend external events or client sites, or you are committed to creating a diverse and inclusive workplace, it is important to start preparing now.

The new duty is particularly significant for sectors such as hospitality, retail, healthcare and leisure, where staff frequently interact with the public. Unlike employee conduct, employers have far less control over the actions of third parties. The Government has recognised this and has confirmed that employers are not expected to police every interaction or control every action of customers or visitors.

Any allegation of harassment must still satisfy the legal test, including demonstrating the required effect on the employee. A person’s perception that a comment is offensive will not, on its own, necessarily amount to unlawful harassment. Employment tribunals will consider what steps it was reasonable for an employer to take in the circumstances.

The emphasis is now on prevention rather than simply responding after an incident. Employers should review their harassment policies, ensure reporting procedures are effective and provide staff with training so they understand what harassment is, how to respond appropriately and how concerns should be reported.

Although detailed regulations on what will constitute “reasonable steps” have not yet been published, the Equality and Human Rights Commission’s guidance provides a useful framework for employers preparing for the new duty.

A documented risk assessment should consider public-facing roles, lone or late-night working, external meetings, workplace culture, workforce diversity, power imbalances between employees and third parties, and the effectiveness of reporting procedures. These assessments should be reviewed regularly.

Preparing now will help create a safer workplace, reduce legal risk and demonstrate your commitment to protecting your employees.

If you would like advice on reviewing your policies, procedures or training before the new duty comes into force, contact our Employment Team on York: 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or email law@warekay.co.uk.