Third-Party Harassment: Where the Risk Sits and What Organisations Need to Act On

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Join Gemma McCall in conversation with Andrew Davidson and Danielle Oliver of HF — the leading provider of legal solutions to businesses across the UK & Ireland. In this webinar they unpack third-party harassment obligations under the Employment Rights Act, where organisational risk sits, and what organisations need to act on to demonstrate compliance.

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From October 2026, the Employment Rights Act extends employer liability to harassment carried out by third parties, including customers, clients, and members of the public. Employers will be required to take “all reasonable steps” to prevent this harassment, moving well beyond the current position where third-party harassment sits in a legal grey area. This webinar will cover what the new duty involves in practice, how it differs from the current position under the Equality Act, the risk areas employers need to be aware of, and the practical steps required to demonstrate compliance.

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If your people deal with customers, clients, or the public, this change affects you. 

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What the webinar covers:

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• What the new third-party harassment duty involves in practice, and what you need to implement to demonstrate compliance
• What "all reasonable steps" means from a legal standpoint, and where employers are most likely to be exposed
• Where third-party harassment risk typically sits, including customer-facing roles, lone working, events, and other higher-exposure settings
• The practical steps to pressure-test your organisational readiness, from risk assessments and third-party expectations to staff training and accessible reporting routes

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Key takeaways

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Create or update your risk assessment

Nobody can show they have taken all reasonable steps without first understanding where the risk sits. Andrew and Danielle explain that a risk assessment should map every point where your people interact with third parties, identify higher-risk situations such as lone working, customer-facing roles and work involving alcohol, and consider who may be more vulnerable, including younger and temporary workers. It then needs an action plan with clear owners and deadlines, a check that actions have been completed, and regular reviews.

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Start now

There is no definitive checklist for “all reasonable steps”, and the EHRC guidance is not expected until next year. The law applies from 30 October regardless, and that is the point from which claims can be brought. Employers already have plenty to work from, including ACAS guidance, the EHRC guidance on preventing sexual harassment and existing case law. Andrew and Danielle also make clear that this is manageable, and that employers who act proactively and can evidence what they have done are best placed to defend a claim.

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Give staff routes to speak up and keep your evidence together

Staff need multiple, easy and confidential ways to raise concerns, including anonymous options, and they will only use them if they see reports being acted on. Evidence matters as much as the steps themselves, and both lawyers describe organisations that had done the work but struggled to produce the documents when challenged. A reporting platform such as Report + Support™ can help you capture reports in one place, spot hotspots in the data and keep a record you can produce if needed, alongside your policies, training and risk assessments.

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Speakers

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Andrew Davidson

HF, Head of Employment

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Andrew is an experienced employment lawyer. With over 28 years of experience, he works closely with health, social care, and third sector clients, helping them navigate a range of employment law issues.

His main areas of expertise include MHPS, Unfair Dismissal, Investigations, Discrimination, Whistleblowing, Reorganisations/Redundancies, and TUPE. Andrew works with a range of clients, including NHS Trusts and Foundation Trusts, charities, and the private sector.

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Danielle Oliver

HF, Senior Associate

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Danielle is a Senior Associate specialising in employment law and workplace investigations. Since qualifying in 2013, she has advised employers across the health, education, charity and private sectors on a wide range of employment law matters, including discrimination, whistleblowing, disciplinary and grievance issues, restructures and Employment Tribunal litigation. Drawing on her extensive experience conducting and quality assuring complex workplace investigations, Danielle provides practical, commercially focused advice to help employers manage risk and resolve difficult workplace issues.

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Gemma McCall

Culture Shift, CEO & Co-Founder

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Gemma is the multi-award-winning CEO and co-founder of Culture Shift. Since launching our groundbreaking Report + Support™ system in 2018 (developed in collaboration with the University of Manchester) Gemma has grown the platform to serve organisations across the UK and Ireland, including universities, NHS trusts, and major employers. Having raised over £5 million in VC funding, she's one of a small number of female founders to have scaled a purpose-led tech company to this level, and she's just getting started! A sought-after voice on workplace harassment and inclusion, Gemma collaborates with organisations including the Equality and Human Rights Commission, and is relentless in her pursuit of a world where everyone feels they belong - and feels safe enough to say when they don't.