If a third party harasses an employee, will the employer be liable for the third party's actions under the Equality Act 2010?

An employer will not currently be liable under the Equality Act 2010 for harassment of its employees by a third party (for example, a client or supplier).

The Employment Rights Act 2025 introduces employer liability for third-party harassment, in measures due to come into force on 30 October 2026. An employer will be liable if a third party harasses an employee in the course of their employment and the employer has failed to take all reasonable steps to prevent the harassment. The third party-harassment measures apply to all protected characteristics covered by protection from harassment under the Equality Act 2010, not just sexual harassment. 

As the law currently stands, there is a positive duty on employers to take reasonable steps to prevent sexual harassment of their employees in the course of their employment. This includes prevention of sexual harassment by third parties. While an employee cannot currently bring a standalone claim in relation to third-party harassment, and the employer will not be directly liable, the Equality and Human Rights Commission will be able to take enforcement action against the employer in relation to the duty. 

In addition, if an employer fails to take action in response to complaints about a third party, the employer itself could be found to have harassed the employee if the failure to act was because of a protected characteristic. For example, trivialising a female employee's complaints about third-party sexual harassment and taking no action to prevent it could in itself amount to harassment.

Employees who have been subjected to harassment by a third party may be able to bring a constructive dismissal claim against their employer, if they resign and claim that the employer's failure to protect them amounts to a breach of contract. An employer could also be liable for negligence if the employee suffered mental and/or physical injury because of harassment by a third party that the employer could reasonably have foreseen and prevented or reduced. 

Employers should ensure that they continue to take all reasonably practicable steps to prevent any harassment of employees.