Employer harassment liability

Meet your new duties under the Employment Rights Act 2025

Reduce harassment risk and build a fair, resilient workplace

HR Directors and People Leaders know the pressure: keeping pace with legislation changes while protecting your people and business. As the UK’s leading EDI consultancy, we guide employers through these shifts with clarity and practical support.

The Employment Rights Bill received Royal Assent in December 2025, creating the Employment Rights Act 2025 – the largest update to employment rights in a generation.

It introduces a new proactive duty on employers to prevent harassment by third parties, and raises expectations around fairness, transparency and inclusive practice across the employee lifecycle. Employers who take action now will be better placed to comply with their obligations, protect their people and avoid costly reputational and legal risk.

As a specialist inclusion and diversity organisation, we translate new legal duties into practical strategies, training and ongoing support that work in real workplaces – not just on paper. Our consultants, trainers and member services team partner with HR, people and culture and senior leaders to design proportionate responses that align with your values and policies.

Talk to an EDI specialist about your organisation’s readiness for the Employment Rights Act 2025. No obligation, exploratory call.*

*Inclusive Employers are EDI organisation, not a law firm.

The Employment Rights Act 2025 introduces a proactive duty to prevent all harassment by third parties, building on the 2024 Duty to Prevent Sexual Harassment and sexual harassment legislation changes 2024. Fail to act, and you risk tribunal claims, fines, reputational damage, and failing the higher bar of “all reasonable steps”.

Is your organisation ready?

Turn new harassment duties into clear, accountable action

Reduce legal and reputational risk

Understand how the Employment Rights Act 2025 changes your liability for harassment by third parties and what “all reasonable steps” means in practice for your organisation.

Put in place proportionate, evidence-based responses that demonstrate you have actively assessed risk and implemented appropriate controls.

Strengthen culture and employee confidence

Use the new duty to prevent harassment as a catalyst to improve policies, guidance and conversations about behaviour, boundaries and respect at work.

Give managers and colleagues clarity on what harassment looks like, how to speak up and how concerns will be addressed.

Gain clarity on overlapping duties

Distinguish between the October 2024 duty to take reasonable steps to prevent sexual harassment and the new requirement to take all reasonable steps to prevent third-party harassment related to any protected characteristic.

Understand how the Employment Rights Bill, the Workers Protection Act (amendment to the Equality Act 2010) and the Equality Act 2010 fit together.

Build a robust and reviewable framework

Develop a clear action plan covering risk assessments, mitigations, ownership, timelines and review cycles, supported by practical tools and member resources.

Create documentation that helps you evidence the steps you have taken, how you assessed reasonableness and how you are reviewing impact over time.

You don’t have to do this alone

We can help your organisations understand and address harassment risk with expert-led consultancy.

Every organisation will experience the Employment Rights Act 2025 differently, depending on its workforce, sector, customer base and existing inclusion maturity. Our services give you flexible ways to respond – from targeted consultancy projects to ongoing membership support.

Strategic consultancy: harassment liability and beyond

Our consultancy team works with you to understand where and how third-party harassment risks may arise in your organisation – across sites, services, events and touchpoints with customers, service users and the public.

We offer:

  • Risk assessments
  • Harassment mitigation strategy writing
  • Action plan development
  • Facilitated C-suite engagement sessions

These services can be taken individually or combined into a comprehensive package tailored to your organisation’s specific needs and circumstances.

Inclusive Employers Membership: ongoing inclusion support

Driving real change in workplace inclusion can feel daunting, especially without expert guidance. That’s why we created the UK’s first inclusion membership: to give you the tools, advice, and confidence you need to lead meaningful change at every stage of your journey.

As part of your Membership:

  • Regular time with a dedicated relationship manager
  • Access extensive webinars and comprehensive resources on inclusion, culture change, and employment rights
  • A member community to connect, share and learn

Whether you’re just starting out or looking to go further, your Membership gives you ongoing, expert support at every stage of your inclusion journey.

Turn Employment Rights Act 2025 duties into stronger culture

Speak to an EDI specialist to explore how your business can prepare for the legislation change.


The new third-party harassment duty introduced by the Employment Rights Act 2025 is expected to come into force in October 2027. Employers who start now on risk assessment, planning and implementation will be better placed to demonstrate that they have taken all reasonable steps once the duty applies.

We work with employers of all sizes across sectors where employees interact with clients, service users, customers, suppliers or the public – including offices, campuses, retail, transport, hospitality, health and social care, housing, utilities and more.  

Whether you already have a mature inclusion strategy or are at an earlier stage, we help you respond proportionately to the Employment Rights Act 2025 and strengthen your workplace culture.

Until October 2024, employers could be liable for harassment between colleagues if they had not taken all reasonable steps to prevent it, but there was no proactive duty in law to act before harassment occurred. In October 2024, new legislation introduced a duty to take reasonable steps to prevent sexual harassment of employees by colleagues and third parties. The Employment Rights Act 2025 goes further, introducing a requirement to take all reasonable steps to prevent harassment connected to any protected characteristic by third parties, significantly raising expectations on employers.  

No. We are an inclusion and diversity organisation, not a law firm. Our role is to help you understand the practical implications of the Employment Rights Act 2025 and related legislation for your workplace culture, people practices and risk management.  

We always recommend that employers seek formal legal advice where appropriate and use our support to complement, not replace, that advice.