Employers are being urged to review their policies, risk assessments and procedures following new employment legislation being introduced which could make them liable for harassment of their staff by third parties.
The changes, introduced as part of the Employment Rights Act 2025, came into force on 30 October 2026 and extend protection to employees who are harassed by people they encounter through their work, including customers, contractors and members of the public.
LCF Works, Yorkshire law firm LCF Law’s specialist employment law and HR advice package, is working with businesses across numerous industries to help them understand and comply with the changes.
Employment law adviser Brendan Bah, from LCF Law and LCF Works, explained: “Until now, employers could be liable where an employee faced harassment from one of their colleagues, and employers already have a duty to take reasonable steps to prevent sexual harassment. “However, since 30 October, employers must also take all reasonable steps to prevent their employees being harassed by third parties. This means employers need to consider much more carefully the people their employees encounter as part of their work and the circumstances in which those interactions take place.
“Crucially, the new protection covers more than just sexual harassment. It applies to harassment related to any of the nine protected characteristics defined under the Equality Act 2010, including race, age, gender and religion, meaning the potential risks are much broader.
“Employers must be able to demonstrate that they have taken all reasonable steps to identify and reduce the risk of harassment. Risk assessments should be completed, considering who employees interact with, as well as where and when those interactions take place, and whether there are circumstances in which the risk may increase.
“For example, this could include employees who are working alone, travelling between different locations, or those who are regularly interacting with the public as part of their work. “If an incident occurs, it is important that employers can demonstrate that they had considered the potential risk and taken reasonable action to minimise the chances of harassment happening.
“This should include regularly reviewing risk assessments, monitoring and recording incidents, having clear policies explaining how third-party harassment will be dealt with, providing relevant training and reviewing clients’ terms and conditions. “It may also be necessary to change certain procedures, such as increasing staffing levels for particular tasks or providing workers with a ‘call for help’ system.”
LCF Works is designed for employers that do not have dedicated in-house HR provision or have a small HR team and require access to specialist legal advice. The service provides unlimited employment advice, training and documentation, as well as support with drafting and implementing policies and procedures. Its standard package starts from £200 plus VAT per month.
LCF Law is an award-winning full-service law firm operating regionally, nationally and internationally from offices in Leeds, Bradford, Harrogate and Ilkley.
