Third-party harassment and the reasonable-steps duty: what you must do by 1 October 2026
From 1 October 2026, you can be liable for harassment of your staff by third parties such as customers, clients and suppliers, and the duty to take all reasonable steps to prevent sexual harassment is strengthened. This reinstates third-party harassment liability and raises the bar on the preventative duty that already applies to sexual harassment. The practical requirement is to have an anti-harassment policy and, crucially, a documented record of the reasonable steps you have taken, in place before the date.
The two linked changes
1 October 2026 brings two related things:
- Third-party harassment liability is reinstated. If a customer, client, contractor or other third party harasses one of your staff, you can be liable where you have not taken reasonable steps to prevent it. This closes a gap that had reopened after earlier third-party provisions were removed.
- The reasonable-steps duty is strengthened. The existing duty to prevent sexual harassment is reinforced, moving toward a standard of taking all reasonable steps rather than a lighter test. The detail of what counts as reasonable may be developed through guidance and consultation.
Why "reasonable steps" is really about evidence
The defence to a harassment claim is that you took all reasonable steps to prevent it. In practice, that defence lives or dies on what you can show. A policy that exists only as an unread file is weak evidence; a policy that is communicated, trained, monitored and enforced, with a record of each of those things, is strong evidence. The change effectively makes the paper trail part of the compliance, because when a claim arises you will be judged on the steps you can demonstrate, not the steps you intended.
General information, not legal advice. This guide explains the third-party harassment and reasonable-steps changes confirmed for 1 October 2026. Take advice on your specific policies and any incident.
What to put in place before the date
- An anti-harassment policy that covers third parties. Make sure it addresses harassment by customers and suppliers, not only colleagues, and sets out how staff report it and how you respond.
- A documented reasonable-steps record. Keep a written record of the steps you take: risk assessment, policy communication, training delivered and dated, reporting routes, and how incidents are handled. This is the evidence your defence rests on.
- Reporting and response routes. Give staff a clear, safe way to raise third-party harassment, and make sure managers know how to act on it, including with the customer or supplier involved.
- Risk assessment for exposed roles. Customer-facing and lone-working roles carry more third-party risk; assess them and put proportionate measures in place.
- Train the people on the front line. Brief customer-facing staff and their managers before 1 October 2026 so the policy is lived, not just written.
How this fits the wider rollout
These changes sit in the 1 October 2026 tranche, alongside the extension of tribunal time limits from three to six months. Together they mean more potential claims and a longer window in which to bring them, which makes the reasonable-steps record all the more valuable. See the full sequence on the timeline.
Frequently asked questions
When does third-party harassment liability start?
It is confirmed for 1 October 2026, alongside the strengthened reasonable-steps duty.
Can I really be liable for a customer's behaviour?
Yes, where you have not taken reasonable steps to prevent harassment of your staff by a third party such as a customer or supplier.
What is the reasonable-steps defence?
It is the ability to show you took all reasonable steps to prevent harassment. It depends on evidence: a communicated policy, training, reporting routes and a documented record of what you did.
Sources
- Employment Rights Act 2025. legislation.gov.uk/ukpga/2025/36
- GOV.UK timeline update, third-party harassment and the reasonable-steps duty at 1 October 2026. gov.uk timeline update
- Acas, Employment Rights Act 2025. acas.org.uk/employment-rights-act-2025
Content accurate as at 12 July 2026. The detail of "reasonable steps" may develop through guidance; re-check before acting.
Get your dated harassment-duty actions
The report puts the 1 October 2026 changes on your timeline, with the policy and record actions to complete before the date.
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