From 30 October 2026, employers in England, Wales and Scotland become legally liable for third-party harassment of their staff by customers, clients and members of the public, unless they have taken all reasonable steps to prevent it. On the same day, the existing duty to prevent sexual harassment at work is toughened so that employers must take “all” reasonable steps rather than just reasonable steps. Both changes come from the Employment Rights Act 2025.
Acas, the workplace advice service, summarises the shift plainly: from that date, it says, “employers will be liable for harassment from third parties”. Until now, an employer could generally be liable only when a worker was harassed by a colleague.
What the new third-party harassment rule says
Section 21 of the Employment Rights Act 2025 amends section 40 of the Equality Act 2010. According to the text published on legislation.gov.uk, an employer must not permit a third party to harass one of its employees. An employer is treated as permitting the harassment if it happens in the course of the employee’s work and the employer failed to take all reasonable steps to prevent it. A third party is anyone other than the employer or its own employees.
Acas gives examples of who that can include: customers, clients, patients, students, self-employed contractors, people attending events and members of the public. Harassment can happen online as well as in person.
Unlike the sexual harassment duty, the new rule is not limited to sexual harassment. Law firm Browne Jacobson, in a briefing published on 26 October, said it covers harassment related to the protected characteristics in equality law except pregnancy and maternity, and marriage and civil partnership. The firm described the change as re-introducing employer liability for third-party harassment.
A tougher duty on sexual harassment
Since October 2024, employers have had a duty to take reasonable steps to prevent sexual harassment of their employees. From 30 October that becomes a duty to take all reasonable steps. Browne Jacobson notes that there is no standalone claim for breaching the duty, but where a sexual harassment claim succeeds, an employment tribunal can increase compensation by as much as 25%.
The Act also gives ministers a power, coming into force on the same date, to set out in regulations what counts as reasonable steps. Browne Jacobson said the government has indicated those regulations will follow in 2027 or 2028. In the meantime, law firm Withers advised in a briefing on 21 October that employers should look to the Equality and Human Rights Commission’s technical guidance on sexual harassment and harassment at work.
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What counts as reasonable steps?
Acas says the answer depends on factors such as an organisation’s size, sector, type of work and resources. Its guidance suggests steps such as:
- regular risk assessments and recording of incidents;
- a clear harassment policy, with training for staff and managers;
- updating contracts and customer terms, and telling customers what will happen if they harass staff; and
- in higher-risk settings, measures such as adequate staffing or security, personal alarms and cameras.
Acas also advises employers to keep a record of why they judged particular steps not to be reasonable for their organisation. Withers recommended documented risk assessments, accessible reporting routes and a clear audit trail of training and investigations, and warned that simply moving the affected employee could itself risk a victimisation claim.
Other changes on 30 October
The same commencement regulations (SI 2026/1065) bring in several trade union measures. According to Acas, these include updated rules on union access to workplaces, new facilities and time-off rights for some union representatives, and protection for workers against less favourable treatment for taking part in industrial action.
Who is covered, and why it matters
Legislation.gov.uk shows that the harassment provisions extend to England, Wales and Scotland. Northern Ireland has its own equality legislation, so employers and workers there should check the position under Northern Ireland law.
The change is likely to be felt most in public-facing jobs, such as retail, hospitality, health, education and customer service, where staff deal with the public every day. It also arrives just weeks after another reform: since 1 October 2026, most employment tribunal claims can be brought within six months rather than three, Acas says, although the old three-month limit may still apply where a problem began before that date.
Business groups have raised concerns about the cost of the wider package, as retailers warned when the Bill was before Parliament. Further changes are due in 2027, including unfair dismissal protection after six months’ service from 1 January.
This article is general information, not legal advice. Workers with a concern about harassment can contact Acas or a qualified employment adviser.
Sources: legislation.gov.uk, Employment Rights Act 2025, section 21 (accessed 29 October 2026); Acas, Third party harassment (accessed 29 October 2026); Acas, Employment Rights Act 2025 (updated 27 October 2026); Browne Jacobson, ERA 2025 changes coming into force on 30 October 2026 (26 October 2026); Withers, Significant changes to harassment law in the UK from 30 October 2026 (21 October 2026).
