Employers with customer-facing teams are being urged to prepare for new third-party harassment protections that come into force on 30 October 2026.
The changes mean employers could be liable where a worker is harassed by a customer, client or other member of the public and the employer has not taken all reasonable steps to prevent it.
What changes on 30 October?
The protections will apply across England, Wales and Scotland. They cover third-party sexual harassment as well as harassment connected to protected characteristics under the Equality Act, including age, disability, race, religion or belief, sex and sexual orientation. The risks may arise online as well as in person.
The duty is extended not only for employers to prevent harassment from other employees but also to prevent third-party harassment from individuals who do not work for the employer, such as clients, visitors and members of the public
Natalie Peacock, Rogers and Norton
Steps for employers
For workers who deal directly with the public, reasonable steps could include clear procedures for reporting incidents, recording concerns, visible messages that harassment will not be tolerated, staff training and, where appropriate, additional security measures.
“It is no longer sufficient to simply have an anti-harassment policy in place,” Peacock said. “They should consider conducting regular risk assessments to identify situations where and when harassment may occur and creating clear procedures for employees to report third-party harassment.”
Source: Rogers and Norton employment-law commentary supplied by LocalIQ.
