New third-party harassment liability: what employers need to know before 30 October

From 30 October 2026, employers face a new route to liability where customers, clients and other third parties harass employees in the course of their work and the employer failed to take all reasonable steps to prevent it.

The change covers sexual harassment and harassment related to relevant protected characteristics. A third party could be a customer, client, service user, contractor, supplier or visitor, in person or online.

Where the new liability can arise

Think about customer-facing teams, lone working, client visits, events and online contact. The preventative steps that are reasonable depend on the organisation and its actual risks.

The practical response

Employers should review the third parties staff meet, how inappropriate behaviour is reported and what support and safeguards are available. Keep a record of decisions and follow up incidents.

Five checks for employers

• Identify the risks. Think about lone working, customer-facing roles, social events, online contact and previous incidents.
• Review policies. Make sure the bullying and harassment policy addresses prevention, third parties and clear reporting arrangements.
• Equip managers and employees. Provide suitable information and training, including how to raise and handle concerns.
• Put safeguards into practice. Consider appropriate customer or supplier terms, reporting channels and support arrangements.
• Record and review. Keep proportionate records of risk assessments, actions, training and responses to incidents.

Is a policy enough?

No. An up-to-date policy matters, but employers should be able to show that they considered their own risks and acted on them. A suitable risk assessment is a valuable starting point; it does not, on its own, guarantee compliance.

Practical support from YourHR.guide

Our guidance explains the new requirements in straightforward terms and the Harassment Risk Assessment Template helps record risks and actions. For a broader set of documents, the Bullying & Harassment Compliance Bundle includes an updated policy, third-party guidance and the risk assessment template.

Both bundles are included in YourHR.guide Premium membership (along with more than 250 templates, documents and guidance resources for day-to-day HR and compliance), however non-members can register for free and purchase the bundle they need.

Read the free guidance here.

Harassment Risk Assessment Template. 

Bullying & Harassment Compliance Bundle.