Getting Ahead of UK Employment Rights Bill Changes: Third-Party Harassment Policy

As part of the upcoming reforms under the Employment Rights Bill, UK employers will soon be held liable for harassment of employees by third parties—think clients, customers, or contractors—not just by colleagues. The Bill requires taking all reasonable steps to prevent such harassment across all protected characteristics, and it strips away earlier narrowing conditions. In this guide, I’ll break down what this means and how you can adapt your policies and training to stay both compliant and culture-driven.

Understanding the change

A survey by the Institute of Customer Service found that in 2025, 42% of public-facing workers (in retail, transport, and hospitality) experienced abuse in the workplace. 37% considered quitting due to abuse, and over 25% took sick leave. This led to a call from businesses to the government to strengthen legal protections for staff.

The risk isn’t limited to those working with the general public. For example, the Creative Industries Independent Standards Authority (CIISA) rolled out new anti-bullying guidelines, following reports that 41% of creative workers experienced harassment at work.

Even if you’re working in an industry at a lower risk of third-party harassment (eg, B2B SaaS), employers will now be directly liable. If you have no reporting mechanisms in place, it’ll be difficult to prove that you took all reasonable steps to prevent it.

Your new workplace harassment policy: A step-by-step guide

Revamp anti‑harassment policy

Broaden your policy to explicitly include third‑party harassment across all protected grounds. Set expectations for staff and third parties (e.g., clients) via signed or posted conduct standards. Clarify reporting pathways and employer responsibilities for when the harasser is not an employee. Clearly state the nine protected characteristics:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Sex
• Sexual orientation

Conduct risk assessments

Some employees will be more at risk of third-party harassment than others, for example, those working in retail, hospitality, events, and customer service. Where third‑party interactions are high-risk, tailor prevention plans accordingly. Use employee feedback, incident logs, and manager insight to prioritise areas for intervention.

Train staff and managers

Develop training on recognising, reporting, and responding to third‑party harassment. For employees, give them the tools they need to avoid serious incidents, such as de-escalation and bystander intervention techniques. Clearly define the process for reporting. The easier and clearer the process is, the more empowered employees will feel to report swiftly and confidently.

Improve reporting mechanisms

Ensure employees have secure, accessible ways to report harassment, even anonymously. Track all incidents meticulously and document any steps taken or escalations. Make it clear that there will be no retaliation for good-faith reporting, and follow up on any reports quickly.

Third‑party accountability

Communicate to your clients or customers that harassment of your employees will not be tolerated. This can be done subtly, such as including conduct clauses in contracts and service-level agreements (SLAs) that permit termination in the event of harassment. But it can also be more overt, such as displaying notices in public-facing areas.

Document everything

Should things escalate, you’ll need to prove that you took all reasonable steps. Documenting everything is your best defence. Maintain records of all policy updates, training completions, and incident reports. Log details of each harassment case, including:

• Time and date
• Names (or anonymised descriptors)
• Actions taken
• Escalation outcomes

Retain proof of client communications, contractual clauses, and even preventative signage used in high-risk locations. Ensure this information is secure, auditable, and centrally accessible for HR, Legal, or external investigators.

Helpful resources:

The inclusion of third-party harassment prevention in UK employment law is ultimately about keeping employees safe and happy at work. If you’re aiming to improve workplace safety and employee wellbeing, here are some extra resources from the Deel team that you may find useful:

• Workplace Wellbeing: A Strategy for Employee Retention
• 10 Examples of Inclusive Behaviours in the Workplace
• 8 Employee Handbook Examples You Should Steal From