From 30 October 2026, if a customer harasses one of your employees, your organisation could still be legally responsible.
This is the case, even if the customer does not work for you, and you may have had no idea that the harassment was going to happen.
New Rules
New legislation arising from the Employment Rights Act 2025 will protect employees from harassment by third parties. Third parties are people who are not employed by the organisation, such as customers, clients, contractors, service users or other business contacts.
If the employee is harassed by a third party in the course of their employment and the employer failed to take all reasonable steps to prevent it, the employee could bring a tribunal claim.
One incident could be enough
The new rules are more strict than earlier versions, and a single incident could potentially result in a claim.
Where might third party harassment take place?
Harassment by a customer may be a more obvious risk in sectors like hospitality, retail and healthcare, where employees regularly deal with members of the public.
But there are many other situations where third party harassment could happen. Employees might deal with contractors, attend off-site conferences, entertain clients, visit customers’ homes or work alongside people employed by other organisations.
What are reasonable steps that employers could take to prevent harassment taking place?
Depending on the workplace and the risks involved, reasonable steps might include:
- telling customers and service users that harassment of staff will not be tolerated
- including appropriate clauses in contracts with clients and contractors
- requiring contractors to deal with individuals who behave inappropriately
- avoiding lone working where there is a higher risk of harassment
- providing alarms or code words for employees working in higher-risk situations
- making sure employees know they should report harassment by customers and other third parties.
4 things employers and HR should do now?
Employers can’t control everything a customer, client or contractor might do. But that doesn’t mean they can ignore the risk. The message is clear: from the end of October, preventing harassment will mean looking beyond your own workforce.
- Think beyond the behaviour of your own employees
- Think about anyone your employees could come into contact with at work
- Identify where risks of harassment might arise
- Consider what reasonable steps they can take to reduce them.
Further reading
- The duty to prevent sexual harassment becomes law – Hunter Law
- Employer liability for harassment – Hunter Law
- Harassment law changes – ACAS
- Workplace sexual harassment and third party harassment – www.business.gov.uk
If you enjoyed this blog then perhaps you’d like to sign up to our monthly newsletter. We’ll keep you updated on what’s new in employment law.
The team at Hunter Law is here for you. We can handle your HR issues, finesse your policies, and keep you up-to-date on evolving legislation. Please get in touch with our legal team, we’d love to help.
