From 30th October 2026, employers can be liable when a customer, client or other third party harasses one of their employees. It matters most where people spend their working day with the public, and where unwelcome behaviour can come to feel like part of the job.
What the new duty says
Section 21 of the Employment Rights Act 2025 amends the Equality Act 2010 so that an employer must not permit a third party to harass an employee. An employer can be liable if it failed to take all reasonable steps to prevent it, and the duty covers harassment related to any protected characteristic, not only sexual harassment. This Signal is general guidance, not legal advice.
Where it is easy to miss
Most harassment policies are written with colleagues in mind, so people may not be sure whether behaviour from a guest or client counts. A receptionist who hears comments about her accent from a returning guest may treat it as part of the job and never mention it. The EHRC's employer guide suggests surveying staff to understand "whether the steps you are taking are working".
How EHS hears what a complaints log misses
EHS asks "How do you feel about working at your company?", which covers the whole experience of the job, including the customers and clients people serve. Cycles are anonymous by default, and department views show where a customer-facing team feels different from the rest of the organisation. EHS does not replace a reporting route; it shows you where to look.
One useful next step
At your next review, check that your harassment policy, reporting guidance and training name customers, clients and other third parties explicitly. Then use your next EHS Cycle or a Check-in to hear from your third-party-facing teams, and record what you did in response.
Product details follow the EHS Method. Reviewed October 2026.
Understand how work feels in your organisation.
Book a demo
/EHS%20Solid%20Colour%20Square.png?width=80&height=80&name=EHS%20Solid%20Colour%20Square.png)
