Most employers understand their responsibility to prevent harassment between employees. What many businesses do not realise is that under the Employment Rights Act 2025, they may also face increased responsibilities for harassment carried out by third parties, including customers, clients, contractors, suppliers and visitors. For sectors where employees regularly interact with the public, this represents one of the most significant workplace compliance changes in years.
Security officers dealing with members of the public, retail staff facing abusive customers, construction workers interacting with contractors and delivery personnel, and hospitality teams serving guests may all be affected. The proposed changes aim to strengthen workplace protections and place greater emphasis on proactive employer action.
In this guide, we explain what third-party harassment is, what is changing in 2026 and how employers can prepare.
Third-party harassment occurs when an employee experiences unwanted, inappropriate or offensive conduct from someone who is not employed by their organisation, but who they encounter in the course of their work. This could arise during routine duties, at a client site, in a public-facing role or in any situation where the employee is required to interact with individuals outside their direct employer, and the behaviour has the effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
This may include:
Customers
Clients
Contractors
Agency workers
Suppliers
Members of the public
Visitors
The behaviour may involve verbal abuse, discriminatory comments, sexual harassment, intimidation, offensive language or other conduct that creates a hostile, degrading or offensive working environment. Unlike traditional workplace harassment, the individual responsible is external to the organisation.
The Government plans to strengthen protections against third-party harassment as part of wider workplace reforms expected to take effect during 2026. Employers may be required to take reasonable steps to prevent employees from being subjected to harassment by third parties in the course of their work.
This means organisations may need to demonstrate that they have considered the risks, implemented appropriate controls and responded effectively when concerns are raised. The changes sit alongside the strengthened duty on employers to take "all reasonable steps" to prevent workplace sexual harassment.
Many businesses already have anti-harassment policies in place, but these often focus primarily on employee behaviour. The new expectations extend beyond internal conduct and require employers to consider risks posed by external individuals. Failure to address known risks or respond appropriately to incidents could increase the likelihood of employment tribunal claims and reputational damage. For businesses with customer-facing teams, this change should not be viewed as a future issue. Preparation should begin now.
Security officers frequently deal with members of the public, trespassers, customers and visitors in potentially challenging situations. Verbal abuse, aggressive behaviour and discriminatory language can be common risks in certain environments. Employers should ensure officers receive appropriate training and understand reporting procedures.
Retail workers regularly encounter customers and may experience abusive or inappropriate behaviour, particularly during disputes, refusals of service or busy trading periods. Clear reporting mechanisms and management support will become increasingly important.
Construction sites often involve multiple contractors, subcontractors, suppliers and visitors. Employers should assess how third-party interactions are managed and ensure workplace standards apply to everyone operating on site.
Warehouse staff, drivers and logistics teams often interact with contractors, agency workers and delivery personnel. Employers should review workplace conduct expectations across the entire supply chain.
Hotels, restaurants, bars and leisure venues can expose employees to inappropriate behaviour from guests and customers. Managers should be trained to recognise concerns and intervene where necessary.
Although guidance will continue to evolve, reasonable steps may include:
Conducting workplace risk assessments
Maintaining anti-harassment policies
Providing staff training
Implementing reporting procedures
Investigating complaints promptly
Taking action following incidents
Monitoring workplace culture
Recording incidents and outcomes
The key principle is that employers should be able to demonstrate proactive efforts to prevent harassment before incidents occur.
Preparation should begin with a review of existing workplace policies and risk management procedures. Employers should consider where employees interact with third parties and assess the potential risks associated with those interactions. Management teams should understand their responsibilities and be confident responding to complaints. Training will play a critical role in helping supervisors and managers recognise risks, handle reports appropriately and support affected employees.
Preparing for third-party harassment obligations requires more than a policy update. Managers, supervisors and employees need practical training to recognise inappropriate behaviour, respond effectively and create safer workplaces.
Circle Academy supports employers through:
Sexual Harassment Awareness Training
Equality, Diversity and Inclusion Training
Employment Law Fundamentals
Leadership and Management Courses
Workplace Compliance Training
HR and Manager Development Programmes
With more than 180 accredited courses available online and in person, we help organisations build compliant, confident and respectful workplace cultures.
The Employment Rights Act 2025 is expected to increase employer responsibilities for preventing and responding to workplace harassment, including conduct by third parties.
This article is based on guidance and implementation plans published by the UK Government and ACAS.
UK Government – Employment Rights Act Implementation Timeline
UK Government – Employment Rights Act Factsheets
https://www.gov.uk/government/publications/employment-rights-bill-factsheets
ACAS – Sexual Harassment Guidance
https://www.acas.org.uk/sexual-harassment
The information in this article is intended as general guidance for employers and managers. It should not be relied upon as legal advice. Employment law is subject to change, and the application of legislation may vary depending on individual circumstances.
If you are unsure how the Employment Rights Act 2025 may affect your organisation, we recommend seeking appropriate legal or professional advice.