We want to make you aware of a significant legal change coming into force on 30 October 2026 that will affect all UK employers. This update is particularly relevant for organisations with customer‑facing teams, field‑based staff, lone workers, or any roles involving interaction with clients, contractors, tenants, suppliers, or members of the public.
What’s changing?
From October 2026, employers will once again be legally liable for harassment carried out by third parties — meaning anyone who is not an employee. This includes:
- Customers and clients
- Tenants and landlords
- Contractors and suppliers
- Visitors and members of the public
This change is being introduced through amendments to the Equality Act 2010 under the Employment Rights Act 2025.
A higher legal standard: “All reasonable steps”
For sexual harassment, the duty is strengthened further. Employers must now demonstrate they took all reasonable steps to prevent harassment — a higher threshold than the previous “reasonable steps” requirement.
This applies even if:
- The organisation has never had a complaint
- The incident was unexpected
- The third party is not under the employer’s control
Tribunals will expect to see proactive, documented prevention measures.
What types of harassment are covered?
The extension applies to harassment related to all protected characteristics, including:
- Sex and sexual orientation
- Race
- Religion or belief
- Disability
- Age
- Gender reassignment
Why this matters for customer‑facing sectors
Any organisation whose staff interact with external parties is now exposed to increased legal risk. Examples include:
- A tenant making sexual comments to a property manager
- A contractor racially harassing a receptionist
- A customer behaving inappropriately towards a sales adviser
Under the new rules, the employer may be held liable unless they can show robust preventative action.
What employers need to do before October 2026
To comply with the new duty, we recommend implementing the following:
1. Update your harassment policy
Ensure it explicitly covers third‑party harassment, reporting routes, manager responsibilities, and consequences for external parties.
2. Conduct a third‑party harassment risk assessment
Identify high‑risk roles, lone‑working situations, and environments where staff interact with external individuals.
3. Strengthen training
Provide clear, practical training for:
- Customer‑facing staff
- Lone workers
- Managers handling complaints
Training records will be important evidence.
4. Review contracts and external communications
Include behavioural expectations and consequences in:
- Contractor agreements
- Client terms
- Tenant/landlord communications
- Appointment confirmations
5. Maintain clear documentation
Tribunals will expect to see:
- Risk assessments
- Training logs
- Incident records
- Policy updates
- Evidence of communication to staff
How we can support you
We can help you prepare for the 30th October 2026 changes by providing:
- Updated harassment and third‑party harassment policies
- Sector‑specific risk assessments
- Manager and staff training materials
- Compliance checklists and implementation plans
If you would like us to review your current policies or prepare updated documentation, please let us know.
