Why the law is strengthening harassment protection for employees 

Workplace harassment is often discussed in the context of relationships between colleagues. In reality, however, some of the most difficult situations can arise in interactions with people outside the organisation. 

Many employees regularly deal with individuals who are not part of their employer’s workforce. These might include customers, clients, contractors, consultants or suppliers, as well as visitors attending meetings, events or training sessions. While most of these interactions are entirely routine, they can sometimes give rise to behaviour that makes employees feel uncomfortable, undermined or disrespected. 

Situations of this kind have long raised difficult questions about responsibility. Employers are expected to provide a safe and respectful working environment for their staff, yet they cannot directly control the conduct of individuals who are not employed by them. This has historically made harassment by third parties a particularly complex issue within employment law. 

Recent legislative reforms are intended to address that uncertainty. The Employment Rights Act 2025 introduces changes designed to strengthen workplace protections, including amendments to the Equality Act 2010 that will reintroduce employer liability for harassment carried out by third parties. Once the provisions come into force in October 2026, employers will be expected to take all reasonable steps to prevent harassment by customers, clients or other external individuals in the course of employment. 

When harassment comes from outside the workplace 

In legal terms, harassment arises where behaviour related to a protected characteristic undermines an employee’s dignity or creates a working environment that feels hostile or humiliating. Although discussions about harassment often focus on relationships between colleagues, the same principles can apply where the behaviour comes from someone outside the organisation. 

An employee might, for example, encounter inappropriate comments from a client during a meeting, experience disrespectful behaviour from a contractor visiting the workplace, or feel uncomfortable as a result of conduct at a work-related event. In these situations the individual responsible for the behaviour is not part of the workforce, which can make the situation more complicated to address. 

Nevertheless, the effect on the employee can be the same. Behaviour of this kind can undermine confidence, affect wellbeing and make it more difficult for someone to carry out their role comfortably and safely. 

How the law has approached the issue 

The legal position surrounding harassment involving people outside the organisation has changed over time. Earlier provisions within the Equality Act attempted to hold employers responsible where staff were subjected to repeated harassment by individuals such as customers or clients, but those provisions were repealed in 2013. 

In the years that followed, employees who experienced harassment from people outside their workplace did not always have a straightforward route to bringing a claim. Employers could still face legal risk where concerns were raised but not addressed appropriately, yet the legislation itself no longer set out a clear duty requiring employers to prevent such behaviour. 

The reforms introduced through the Employment Rights Act 2025 are intended to close that gap. By reintroducing employer liability in certain circumstances, the legislation reflects a growing recognition that employees should not be left without protection simply because inappropriate behaviour originates from someone outside the organisation. 

What the changes mean for employers 

The new duty does not mean that employers are expected to control the behaviour of every individual who interacts with their workforce. Instead, the law expects employers to take reasonable and proportionate steps to reduce the risk of harassment where it may arise. 

In practice, this often begins with thinking carefully about the situations in which staff interact with people outside the organisation and whether those interactions create particular risks. For some businesses, this may involve reviewing workplace risk assessments to ensure that the potential for harassment during these interactions has been properly considered. 

Policies are also likely to play an important role. Many employers already have anti-harassment policies in place, but these have traditionally focused on behaviour between colleagues. Under the new framework, organisations may wish to ensure that their policies clearly address conduct by customers, visitors or contractors, explain how concerns can be reported and reassure staff that complaints will be taken seriously. 

Training and awareness can also make a significant difference. Employees should feel confident about how to raise concerns if they encounter inappropriate behaviour, while managers should understand how such issues should be handled and when further action may be required. In some environments, training may also help staff recognise when situations are escalating and how to respond safely. 

Employers may also wish to consider how expectations around respectful behaviour are communicated to people who interact with their workforce. This might include guidance for visitors, behavioural expectations within client relationships or practical procedures for responding to repeated incidents where behaviour falls short of acceptable standards. 

Even with preventative measures in place, situations may still arise where an employee experiences harassment from someone outside the organisation. In those circumstances, employers will still be expected to respond appropriately, whether that involves addressing the behaviour directly, restricting further contact or taking other steps to protect staff. 

The precise approach will inevitably vary between organisations. What is reasonable for a business with frequent external interaction may look different from the steps taken in a smaller workplace. The key point is that employers should be able to demonstrate that they have considered the risks and taken sensible measures to reduce them. 

A broader shift in workplace expectations 

The strengthening of legal protection in this area reflects a wider shift in how workplace dignity is understood. Increasingly, employers are expected to look beyond relationships between colleagues and consider the wider environment in which employees carry out their work. 

For many organisations, this will involve thinking more carefully about how staff are supported when interacting with people outside the business and ensuring that concerns about inappropriate behaviour are taken seriously. 

As the October 2026 implementation date approaches, employers may wish to review their existing policies and procedures to ensure they remain fit for purpose. Taking a proactive approach now can help organisations create working environments in which employees feel confident that unacceptable behaviour will be addressed, regardless of where it comes from. 

About the Author: Steph Marsh is the Head of the Employment Law team at Coodes Solicitors. She has extensive experience in supporting both employers and employees on contentious and non-contentious matters, particularly surrounding discrimination issues, redundancy situations and data protection law. 

Get in touch: steph.marsh@coodes.co.uk  01579 324 017