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?

Ask yourself the following questions:

• Do your employees deal directly with customers, clients or members of the public?
• Do staff work alone, late at night, at external events or on client sites?
• Do you organise work social events, away days or team events?
• Is your workplace multi-generational, multi-faith or multi gender?
• Are you actively working to improve diversity and inclusion?
• Do you employ anyone – from one employee to over 1,000?

If the answer to any of the above is yes, your organisation is likely to be affected by the new Third Party harassment duties under the Employment Rights Act 2025, due to come into force in October 2026.

What is changing?

Employers will have a legal duty to take all reasonable steps to prevent employees from being harassed by third parties, including customers, contractors, suppliers and visitors.

For businesses in sectors such as hospitality, retail, healthcare and leisure, meeting this duty may present particular challenges because employers have far less control over the actions of third parties than they do over their own employees.

The Government has recognised this.  Any allegation of harassment will still need to satisfy the legal test, including demonstrating the required effect on the employee.  A personal perception that a comment is offensive may not, by itself, be sufficient. It also states that employers “cannot, and are not expected to, police or control every action of third parties”.  It is accepted that the steps that an employer can reasonably take in respect of the actions of third parties in their workplace are clearly more limited than the steps they can take in respect of their employees, and this will be taken into account by the employment tribunal when considering the facts of the case.

What does all this mean for you?

The key message is simple: Forewarned is forearmed.

This is no longer just about investigating complaints after they happen.  Employers will need to demonstrate that they have taken proactive steps to reduce the risk of harassment before an incident occurs by updating your harassment policies and ensuring that all your employees understand both what harassment looks like and the organisation’s approach to preventing it.

Although the Government has yet to publish detailed regulations on what will amount to “reasonable steps”, the Equalities and Human Rights Commission (EHRC) has already published practical guidance on preventing workplace harassment.  This is likely to form a useful framework for employers when preparing for the new duty to prevent harassment of all protected characteristics.  

What should you be doing now?

One of the key requirements will be to assess the risks inherent in employee interactions with members of the public and other third parties.

A suitable risk assessment should consider factors such as:

• the nature and frequency of public-facing interactions;
• lone working or working late at night;
• power imbalances between employees and third parties;
• diversity within the workforce;
• external meetings, conferences and training events;
• workplace culture and expected standards of behaviour; and
• existing reporting and complaint procedures.

These assessments should be documented, regularly reviewed and capable of withstanding scrutiny if challenged.

All employees should receive training on what constitutes harassment, how to respond appropriately, how to report concerns and the organisation’s procedures for dealing with complaints.

Don’t wait until October 2026

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

If you are unsure where to start, we would be happy to help review your policies, current procedures and training to demonstrate a proactive employer led approach to ensure your organisation is ready for the new requirements.

Contact our Employment Team on York 01904 716000, Wetherby 01937 583210 or Malton 01653 692247 or email law@warekay.co.uk.