Case Study: How One Employer Protected Staff Under the New Third‑Party Harassment Duty

Background

Before the Employment Rights Act 2025, employers had limited power to act when harassment came from third parties — contractors, clients, customers or visitors. Many SMEs relied on polite letters, informal warnings or “please don’t send him again” conversations.

This case study shows how the new law — effective from 30 October 2026 — changes the employer’s responsibilities, and how proactive preparation can prevent legal risk and protect staff.

The Situation

A female receptionist in a professional services firm was repeatedly subjected to sexual jokes and inappropriate comments from a male contractor who visited weekly. Each visit made her anxious; she avoided the reception desk when she knew he was due.

One day, she ended up alone with him in a lift. He made another sexual remark. She panicked.

She reported it immediately.

Before the law changed, her employer cared deeply — but legally, their options were limited. Because the contractor wasn’t their employee, all they could do was send a polite “please stop” letter to his company and hope for the best.

The New Legal Duty (From 30 October 2026)

Under the strengthened duty in the Employment Rights Act 2025, employers must now take all reasonable steps to prevent sexual harassment — including harassment carried out by third parties.

This means:

• Employers can be held liable for harassment by contractors, clients or customers.

• “We don’t employ him” is no longer a defence.

• Reactive letters are not enough — employers must show proactive prevention.

• Failure to act could lead to a tribunal claim.

The game has changed.

What the Employer Should Do Now

If this incident happened today, the employer would have a clear legal duty to protect the receptionist. Reasonable steps would include:

1. Immediate Action

• Remove the contractor from site

• Notify the contractor’s employer

• Record the incident formally

2. Policy & Process Updates

• Ensure anti‑harassment policies explicitly cover third‑party behaviour

• Provide clear reporting routes for staff

• Train managers on how to escalate third‑party incidents

3. Contractor & Supplier Controls

• Update contractor agreements with behavioural expectations

• Include the right to remove individuals from site

• Require suppliers to cooperate with investigations

4. Evidence Trail

Tribunals will expect proof of:

• Policies issued

• Training delivered

• Risk assessments

• Incident logs

• Actions taken

This is where many SMEs fall short — not because they don’t care, but because they haven’t documented their steps.

Outcome

With the new duty in place, the employer would be empowered to act decisively — and legally required to do so. The receptionist would be protected, the contractor removed, and the organisation would have a clear evidence trail showing compliance.

The difference is huge: Before: “We’ve sent a letter — that’s all we can do.” Now: “We have a legal duty to protect you, and we’re taking action.”

How I Help SMEs Prepare

I support SMEs across Bromley, South London and beyond to get ahead of the October 2026 changes. My approach is practical, legally‑aligned and tailored to real workplaces.

I can help you:

• Update anti‑harassment and conduct policies

• Build a compliant “reasonable steps” evidence trail

• Train managers and frontline staff

• Review contractor and supplier agreements

• Strengthen reporting and escalation routes

• Conduct risk assessments for client‑facing or public‑facing roles

Preparation now protects your people — and protects your business.

If you’d like support getting ready for the new duty, I’d be happy to help.