From 30th October 2026, employers may be legally liable if an employee is harassed by a third party, such as a client, supplier, contractor or visitor, and the employer has failed to take all reasonable steps to prevent it.
For many small businesses, the greatest risk may not come from members of the public entering the workplace, but from everyday interactions with clients, suppliers and contractors.
Where Can Third-Party Harassment Occur?
Harassment can happen in a variety of situations, including:
- Meetings at your workplace or a client’s premises
- Site visits, inspections and project meetings
- Networking events and industry functions
- Emails, phone calls, video calls or messaging platforms
- Interactions with suppliers, contractors or visitors
A single serious incident may be enough to create liability, while repeated behaviour that goes unchallenged can also present significant risks.
Is Your Organisation Prepared?
With the new legal obligations approaching, employers should consider the following questions:
- Risk assessments: Have you identified where employees may be exposed to third-party harassment?
- Policies: Do your bullying, harassment and sexual harassment policies adequately address third-party behaviour?
- Reporting procedures: Do employees know how to raise concerns, and are managers prepared to respond appropriately?
- Training: Have managers and employees received relevant harassment training?
- Communication: Have you clearly communicated behavioural expectations to clients, suppliers, contractors and visitors?
How Can McKinney HR Help?
Employers should not wait until an incident occurs before taking action. At McKinney HR, we can support your organisation with reviewing policies, briefing managers, improving reporting procedures and identifying practical ways to manage complex third-party situations.
The key is prevention. Being able to demonstrate that risks have been assessed, employees trained, expectations communicated and concerns addressed will be essential. Not sure whether your organisation is prepared? Get in touch with our team at support@mckinneyhr.co.uk to discuss how we can help.