Dear Denise – Your HR Agony Aunt | Edition 12: Employment Rights Act – Third Party Harassment Changes
Date Posted: 22 Oct, 2026
If an employee is harassed by a third party, currently employers are not held liable for the harassment, however this will change on 30th October 2026, which will strengthen sexual harassment law under the Employment Rights Act 2025.
This month’s Dear Denise – HR Agony Aunt from BeyondHR looks at how employers should approach a situation where an employee has been harassed by a third party. Denise Donnelly, Senior HR Consultant with over 20 years’ experience, gives her insights on the responsibilities as an employer to follow the strengthened regulations and what reasonable steps can be taken to prevent third party harassment.
Dear Denise,
One of our employees has informed us that they were harassed by a third-party during work last week and has asked us to investigate as part of our obligations as their employer.
We have met with them to understand what happened, who harassed them and details of where this happened so that we can navigate how to handle this.
We want to address the issue as early as possible and figure out a solution for the employee.
What steps must we take in this situation, and what will the outcome be?
Business Owner, Renfrew
Dear Business Owner,
When an employee in your organisation has been harassed at work, even if the alleged harasser is not an employee, I would recommend that you should initially protect workers from third party harassment and prevent the situation arising in the first place wherever possible.
Start With The Change In Law
The Employment Rights Law 2025 is changing on 30 October 2026 with third party harassment provisions coming into force, holding employers liable to take all reasonable steps to prevent sexual harassment in the workplace, including from third-parties.
The first step is that employers should make themselves aware of any updates in the law surrounding harassment. Employers can reduce the risk of not being held liable by taking all reasonable steps to prevent harassment from happening in the first place, rather than reacting as they happen.
Speak With The Employee Who Has Been Harassed
Plan a private meeting with the employee to discuss the alleged harassment and record all of the details as part of your investigation.
Note all relevant information about the accused and take reasonable steps to protect the employee and others, whilst you investigate.
A third party is anyone that your employee interacts with during work. This could be a customer/client, contractors/tradesperson, people at events such as conferences, and other people in public spaces who may not be employed by you.
Provide Support
Ensure the employee who has been allegedly harassed is supported by the organisation including removing any potential interactions with the offender and reassure them that you will investigate.
Open An Investigation
Gather any evidence, including speaking with other staff members who might have witnessed the alleged harassment, check CCTV footage, review any written evidence and consider any other relevant evidence. Decide whether the conduct is considered unlawful harassment or misconduct by the third party.
Take action against the offender or third party such as stopping them from having any contact with the employee, restricting access to the organisation or issuing a formal warning.
Update Your Policies on Harassment
Prioritise keeping any employee handbooks updated to ensure they reflect current legislation and ensure employees are aware of what reasonable steps you are taking as their employer to protect them from harassment.
Assess Whether You Are Taking All Reasonable Steps
Be able to demonstrate and provide evidence of all reasonable steps you have taken to prevent sexual harassment.
What Is Considered A Reasonable Step?
All reasonable steps include:
- Proactively reducing third-party harassment and identifying risk areas through risk assessments
- Training workers in staff safety and de-escalation
- Reviewing the contracts of clients, customers and suppliers to ensure clear expectations of policies on harassment
- Checking appropriate numbers of workers to ensure employees are not working alone
- Giving employees appropriate safety equipment or installing security cameras
What Happens If All Reasonable Steps Have Been Taken?
If you have attempted to take all reasonable steps as an employer in preventing harassment of your employees, it will be the decision of a tribunal to decide if all reasonable steps were put in place.
Denise
Your HR Agony Aunt at BeyondHR
Have an HR question you’d like Denise to answer?
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For confidential advice tailored to your business, call the BeyondHR team on 0800 111 4461.
