Third Party Harassment Training: What Employers Need to Do Before October 2026

From October 2026, the Employment Rights Act 2025 introduces a new duty on all employers, regardless of size, to take ALL reasonable steps to prevent third party harassment. A failure to demonstrate that ALL reasonable steps have been taken, rather than just some steps, will leave employers exposed to legal liability.

What counts as third party harassment

Third party harassment occurs when an employee is subjected to unwanted conduct, related to a protected characteristic, that creates a hostile, degrading, humiliating, or offensive environment. The behaviour comes from someone who is not an employee, such as a customer, client, patient, contractor, service user, or member of the public, and the employer fails to take ALL reasonable steps to prevent it.

The duty applies across all nine protected characteristics of the Equality Act 2010, with no exclusions:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

Some sectors face particularly high exposure, including hospitality, retail, healthcare, transport, housing, and further and higher education. Any organisation where staff come into contact with third parties needs to act.

What this means for employers

• You must take ALL reasonable steps to prevent and address third party harassment relating to any protected characteristic, including inappropriate comments, exclusion, hostility, or stereotyping from customers, clients, patients, service users, contractors, or members of the public.
• Assess the risk of third party harassment across different work environments.
• Communicate clear expectations to third parties about acceptable conduct.
• Put in place reporting routes so employees can raise concerns about third party behaviour.
• Respond promptly to complaints, investigate incidents, and take corrective action.
• Adjust working arrangements where necessary to protect employees from repeated incidents.
• Train your staff, and train regularly.
• Document what you have done.

Manager training

Managers need to understand not only what constitutes harassment, but that the duty is proactive and preventative. What is the culture in which staff operate, and what has been done to address risks?

If a situation does arise, managers must be trained to respond appropriately, understanding what has occurred and what action is needed, both for the employee affected and in relation to the third party concerned. The immediate priority is to protect the employee while their complaint is investigated, and to take steps to remove future risk so far as is reasonably practicable. Managers must not look the other way or downplay the seriousness of an incident. They need to deal with it effectively.

Team member training

Staff need clarity about professional and respectful behaviour, and about how to act as an active bystander to support a colleague. This includes how to de-escalate a situation to increase immediate safety, and the confidence to remove themselves from an environment that has become hostile, degrading, humiliating, or offensive. Staff should also be clear on the reporting routes available and the support on offer if an incident occurs.

Workplace champions

Some organisations have workplace champions who provide additional support. This is not a replacement for formal reporting routes, nor does it replace management action. A champion's role is to listen to what has happened and provide objective information about reporting options, offering a safe, non-judgemental space for anyone who has experienced harassment.

What this looks like across the nine protected characteristics

Age

• A client repeatedly calls a younger staff member "the child" and refuses to take them seriously.
• A service user tells an older receptionist they are "too old to understand technology."
• A contractor mocks a researcher's age, asking if they are close to retirement.

Disability

• A patient mimics a staff member's stammer or neurodivergent traits.
• A client makes jokes about mental health, asking if a colleague is "having one of their episodes."

Gender reassignment

• A customer repeatedly misgenders a trans employee after being corrected.
• A conference attendee asks intrusive questions about an employee's body or medical history.
• A contractor refuses to work with a non-binary staff member because of their gender identity.

Marriage and civil partnership

• A client tells a married employee they only deal with people who "aren't tied down."
• A supplier makes derogatory comments about a colleague's civil partner.
• A customer repeatedly asks a married employee out and becomes hostile when they decline.

Pregnancy and maternity

• A client pressures a pregnant employee to lift heavy items despite clear restrictions.
• A visitor complains about a breastfeeding employee taking breaks, calling it special treatment.

Race

• A member of the public uses racial slurs towards a staff member.
• A client insists on being served by someone of a particular nationality.
• A research participant mocks an employee's accent or name.

Religion or belief

• A visitor makes derogatory comments about an employee's hijab, turban, or kippah.
• A client pressures a staff member to drink alcohol despite their religious beliefs.
• A contractor mocks an employee's vegan beliefs.

Sex

• A customer repeatedly calls a female employee "love" or "sweetheart" after being asked to stop.
• A male employee is mocked by a client for working in what they consider a woman's job.
• A service user refuses be given information by a woman.

Sexual orientation

• A visitor makes homophobic comments about a gay employee's partner.
• A client asks intrusive questions about a bisexual employee's personal life.
• A contractor refuses to work with a colleague because of their sexual orientation.

Sexual harassment

Sexual harassment remains covered by this duty alongside the other protected characteristics. Examples include a conference attendee touching an employee without consent, a customer making sexual comments about a staff member's appearance, or a client sending inappropriate messages to an employee after a meeting.

When to act immediately

Managers must intervene whenever third party behaviour is unwanted, related to a protected characteristic, and creating a hostile, degrading, humiliating, or offensive environment. Failure to act can create legal liability, both for the immediate situation and for the organisation's wider compliance position.

How we can help

We provide training for managers, staff, and workplace champions on preventing and responding to third party harassment, tailored to your sector and the risks your teams are most likely to face. We also support organisations with policy review, risk assessments, and putting reporting routes in place.

Find out more about our Equality, Diversity, and Inclusion training.

Get in touch to discuss your training needs or to talk through what ALL reasonable steps looks like for your organisation ahead of October 2026.