The Employment Rights Act 2025 provision on third-party harassment comes into force on 30 October 2026, making employers liable if a third party harasses an employee at work unless they have taken all reasonable steps to prevent it.
This has the potential to be an onerous responsibility for employers. A third party is anyone an employee encounters through work, including service users, customers, contractors or members of the public. To some extent, an employer being liable for the actions of third parties who are not within their control may seem somewhat counter-intuitive. The purpose of the provision, however, is to prevent foreseeable risk and to provide a safe work environment for staff.
The duty extends to harassment related to any protected characteristic covered by the Equality Act 2010, including age, disability, race, religion or belief, sex, sexual orientation, gender reassignment, marriage, civil partnership, pregnancy and maternity. Unlike the previous third-party harassment legislation, which was repealed in 2013, a single incident could now be sufficient to give rise to a claim for third-party harassment where an employer has failed in its duty to prevent this.
Accordingly, organisations should be acting now to ensure they are taking the necessary steps to protect their staff and in order to put themselves in the best position to utilise the “all reasonable steps” defence.
What does “all reasonable steps” mean?
The requirement for employers to have taken all reasonable steps to prevent third-party harassment is a high bar. Employers will need to take proactive preventative steps, as opposed to simply reacting once harassment has occurred. The government has made it clear, however, that the duty is not intended to be as demanding as the obligations on employers to prevent harassment by their own workers. The employment tribunals will take account of this when dealing with claims concerning third parties.
Employers are not expected to be able to prevent all harassment of their employees and will not be penalised for failing to take impractical measures. Employers are required to do what is reasonable, taking into account their own particular circumstances and resources. Relevant factors will include:
- the type of interactions employees are likely to have with third parties
- the size of the organisation
- how often employees interact with third parties
- the nature and availability of preventative measures
How should employers prepare?
Employers will need to assess where there is a risk of harassment to their employees including any higher-risk activities/aspects of their organisation, who employees will come into contact with at work, and steps which can be taken to address this risk. This is likely to involve:
- conducting and regularly reviewing risk assessments
- inserting anti-harassment clauses into supplier and third-party contracts
- making clear to the public the consequences of harassing employees, through notices or direct communications
- creating a clear process for reporting and responding to reports of harassment
Employers should keep a record of their decision-making, outlining which steps were taken (or not taken as the case may be) with a clear explanation of the rationale behind the decisions.
High-risk environments
Where the nature of the work means employees are particularly vulnerable to third-party harassment, for example in public-facing roles, where lone-working, or when staff are dealing with vulnerable individuals, employers should consider additional protective measures, such as installing security cameras and/or making sure there are an adequate number of staff at all times to handle any incidents.
Top tips for employers
1. Review your risk assessments and update these as needed.
2. Refresh your anti-harassment policies and procedures.
3. Educate staff members on policies and procedures relating to harassment.
4. Inform third parties of a zero-tolerance approach towards harassment of staff members.
5. Encourage staff to report any form of harassment.
6. Investigate any reported acts of harassment in a timely manner.
7. Take appropriate specific steps to prevent further harassment where this becomes known or is reported.
8. Implement preventative measures where potential risks are identified.
9. Keep accurate records of decisions made and steps taken.
10. Seek legal advice if unsure about any particular situation.
If you need support with carrying out a risk assessment, reviewing your existing policies and training requirements, or understanding what reasonable steps might entail for your organisation, please get in touch with Jasmine Sudworth and we’d be happy to help.
The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice on which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. Please contact the Bates Wells team if you require further information.