How can charities prepare for the new third party harassment duty?

From October 2026, as employers, Charities will face a new statutory duty to protect workers from harassment carried out not only by colleagues, but also by third parties. That includes harassment perpetrated by customers, service users, contractors, and members of the public against staff, reflecting the government’s intention to strengthen workplace protections and increase accountability for employers in public-facing sectors.

When the Equality Act 2010 originally came into force, it included provisions allowing employees to bring claims against their employers where they were harassed by third parties and the employer had failed to act after at least three prior incidents.  However, these provisions were repealed in 2013 following criticism that they were overly burdensome, complex, and imposed disproportionate liability on employers.

The Employment Rights Act 2025 (ERA 2025) does not introduce third‑party liability in isolation. It builds on a broader shift in harassment law that began in October 2024, when employers became subject to a new proactive duty to take reasonable steps to prevent sexual harassment of employees under the Worker Protection (Amendment of Equality Act 2010) Act 2023.

ERA 2025 will, in addition, make employers liable where an employee is harassed in the course of their employment by a third party, and the employer has failed to take all reasonable steps to prevent that harassment.  Crucially, this liability applies across all protected characteristics, not just sex, covers harassment by customers, clients, contractors, patients, service users, and members of the public; and does not depend on prior incidents or a pattern of behaviour.

This now creates a positive and preventative duty on Charities to do more than just react to incidents once they occur.  You will need to anticipate risk and act in advance, requiring an assessment of scenarios where third‑party harassment might arise and to implement appropriate safeguards before harm occurs.

This approach aligns third‑party harassment with the wider direction of travel in employment law, where risk management, training, and documented policies carry increasing weight.

The “All Reasonable Steps” defence

As with other harassment provisions, the key defence available to employers is demonstrating that they took all reasonable steps to prevent the harassment.

While what is considered as “reasonable” will always depend on context, including the nature of the employer’s business and workforce; the extent of employee contact with third parties; prior complaints or known risks; and the effectiveness of policies, reporting mechanisms and responses.  Tribunals will expect evidence of the actual steps that were taken to protect staff, not just its aspirations. Written risk assessments, staff training, visible behavioural standards for customers, and clear escalation routes are likely to be central to defending claims.

What should charities be doing now?

Reviewing and updating policies

Anti-harassment policies will need explicit references to third party conduct, including clear reporting routes, examples of prohibited behaviour, and reassurance that complaints will be taken seriously.

Staff training and awareness

Employees, especially those in public-facing roles, should receive training on how to de-escalate situations, when to withdraw from unsafe interactions, and how to report concerns. Likewise, senior management and line management teams should know how and when to intervene in high-risk scenarios.

Setting boundaries with customers and clients

Consider displaying signage, introducing behavioural policies for customers, or implementing procedures such as “stop lists,” where service can be refused to individuals who pose repeated risks.

There will, of course, still be an expectation that employers take reasonable action after incidents take place. Reasonable action could include removing an abusive customer from premises, banning them, contacting the police where appropriate, or adjusting staffing arrangements to reduce the risk of recurrence. The expectation is that employers will need to show a tangible, systematic approach rather than ad hoc reactions to one-off events.

Increased litigation and enforcement risk

Claims for third‑party harassment may be brought in the employment tribunal, and the Equality and Human Rights Commission retains enforcement powers in relation to systemic failures. Failure to comply may therefore expose Charities to reputational, financial and for some Charities, increased regulatory risk.

If your Charity would like to know more about how it can prepare for this risk, and discuss how it can mitigate the impact of the new duty in advance of the October 2026 deadline, then please do get in touch.