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Third-Party Harassment - What Your Policy Must Cover
From October 2026 an employer can be liable where a worker is harassed by a third party such as a customer, client or supplier. This restores a liability that was dropped before the earlier harassment reforms came into force.
It covers all types of harassment, not only sexual harassment, and a single incident can be enough. The defence is having taken all reasonable steps to prevent it.
This guide focuses on the document and procedure side: what your anti-harassment policy must cover and the records that support the defence.
What the Change Does
The Employment Rights Act 2025 makes employers liable for the harassment of their staff by third parties. The third party could be a customer in a shop, a client at a site, a patient, or a contractor.
The protection runs across the harassment grounds in the Equality Act 2010, so it is not limited to sex. For the wider context, see our sexual harassment October 2026 employer guide.
The All Reasonable Steps Defence
An employer is not automatically liable. The defence is to show that you took all reasonable steps to prevent the harassment from happening.
That is the same high bar used by the upgraded sexual harassment duty, which we cover in our all reasonable steps duty guide. In practice the defence lives or dies on what you can evidence.
What Your Anti-Harassment Policy Must Cover
- A clear statement that harassment by third parties is not tolerated, alongside harassment between staff.
- Examples relevant to your setting, such as abusive customers or clients.
- A simple way for staff to report third-party harassment, including at the time it happens.
- What managers must do when an incident is reported or witnessed.
- Steps you take with repeat offenders, such as warnings, refusing service or ending a contract.
- Signposting to support for affected staff.
Reporting and Records
The policy is only half the picture. You need a record that the policy was communicated, that staff were trained, and that reports were acted on.
Keep a log of incidents and your response. If a claim comes, that log is the evidence behind the all reasonable steps defence.
Third-Party Harassment at a Glance
| Point | Detail |
|---|---|
| Who is covered | Harassment of staff by customers, clients, suppliers and other third parties |
| Which harassment | All types under the Equality Act 2010, not only sexual |
| Threshold | A single incident can be enough |
| Defence | Having taken all reasonable steps to prevent it |
| From | October 2026 |
How Policy Pros Can Help
We write anti-harassment policies that cover third parties and stand up as part of the all reasonable steps defence, with the reporting route and incident log to match. Our harassment and bullying at work policies and dignity and respect at work policies cover the documentation in full.
See the October 2026 checklist for the wider wave. The official position is in the GOV.UK timeline.
Frequently Asked Questions
When does third-party harassment liability start?
It is due to take effect in October 2026 under the Employment Rights Act 2025. From that point an employer can be liable where a worker is harassed by a customer, client, supplier or other third party.
Does third-party harassment cover more than sexual harassment?
Yes. The liability runs across the harassment grounds in the Equality Act 2010, so it covers harassment related to characteristics such as race, disability, age and religion, not only sexual harassment.
Can a single incident make us liable?
Yes, a single incident can be enough. The question is whether you took all reasonable steps to prevent it, which is why a clear policy, a reporting route and a record of your preventative steps matter.
What is the defence to a third-party harassment claim?
Showing that you took all reasonable steps to prevent the harassment. That means an anti-harassment policy covering third parties, staff training, an accessible reporting route, and a record that all of these were in place and acted on.
What should our anti-harassment policy include for third parties?
A clear statement that third-party harassment is not tolerated, examples relevant to your setting, a reporting route, what managers must do, the steps taken with repeat offenders, and signposting to support for affected staff.
