Employers strengthen trust in third party harassment reporting systems ahead of new duties

Employers are preparing for new third party harassment duties due to take effect in October 2026, but many are recognising that formal complaints systems alone may not identify problems until it is too late.

The new duties, expected to take effect under the Employment Rights Act 2025, will introduce an obligation on employers not to permit harassment of employees by third parties, including customers, contractors, and members of the public. But for many organisations, the concern is that by the time a formal complaint is raised, the issue may already have escalated. We’ll speak to a D&I expert who is advising employers on that issue.

What is becoming clear is that many of the warning signs are not dramatic incidents or formal grievances. Often they are much more subtle behavioural changes — employees avoiding certain customers, not wanting to work particular shifts, becoming uncomfortable in certain environments, or simply choosing not to raise concerns at all.

For HR teams, that is shifting the focus towards recognising those early signals and creating an environment where people feel safe to speak up before issues escalate.

And while many organisations already have reporting systems and processes in place, the bigger challenge is often trust and confidence — making sure employees actually feel comfortable using them.

So this is becoming less about introducing entirely new systems and more about building a culture where concerns are raised early, acted on consistently, and used to identify patterns and reduce risk before more serious problems develop.

I spoke to Kieron O’Reilly, a D&I consultant with Pinsent Masons’ consultancy Brook Graham, about how organisations are approaching that in practice.

Kieron O’Reilly: “I think the problem with third party harassment is that often it starts at a low level and often people a little bit afraid to report so if we're waiting for an issue to arise and then tackling it, not only are we not meeting our obligations, but we're actually only dealing with a problem and the fallout and the consequences to it. So, why we are looking at it in this way is that we want to look at where those risks may occur, and nipping them in the bud, essentially, and that is beneficial for everyone all round. So, relying, I think, just on that formal complaint system can also leave us with a situation where sometimes people just won't report, they don't feel safe to or, for whatever reason, they don't until it becomes a problem. We need to have a look at where those problems can come from, and that's how we effectively reduce the risk overall.”

Joe Glavina: “So what do those early signals look like in practice, and why are they so important?”

Kieron O’Reilly: “So, we're talking about pretty straightforward typical human behaviours, really. We’re not looking at really huge, dramatic behaviours. Of course, they exist, but we're not looking at major dramatic issues. We’re talking about people feeling uncomfortable avoiding others, not wanting to come to work at certain times, or work at certain shifts, for example, avoiding customers, not wanting to work with a contractor. Now, these are the low-level things that we will recognise, and people might be aware of, but no action is taken. So, when we start to see those behaviours, and I think we probably will recognise them to some extent through experience, they tend to get left until they become a problem and I think it's recognising those and having a way for people to be able to speak up, to escalate, call it what you will, but actually deal with it, help each other, or someone just to come and talk about the problem means that we're dealing with it early. It means that risk is dealt with, especially if you've got the right processes and all the things we need in place, which most organisations at this point already have. So, what we're talking about here is recognising signs early and allowing people to raise them so they can be dealt with quickly.”

Joe Glavina: “What role do tools or platforms play in helping clients deal with this issue, Kieron?” 

Kieron O’Reilly: “I think there's two things there. Firstly, having the tools and system in place means that there isn't a mechanism people can rely upon. Having those in place means that should an issue arise, you know how they'll be used, you know how to respond and how to communicate, so effectively you're ready and prepared for any incidents should they occur, unfortunately, if they do. The other part that's important that goes with tools is that people know that they're there and feel safe to use them. So, tools are really important because it allows people to speak up to report and also to carry out analysis and other issues that helps you to prevent risk in the future. It's also important that people feel safe to use them. So we see a combination those tools and platforms are in place with organisations who've been pretty good at ensuring that people feel safe to use them, so that's making a situation where people feel safe to speak up, they don't feel afraid, and they do feel comfortable to do it should it occur. Put those two things together, and you've got a pretty effective system.”

Joe Glavina: “So, finally Kieron,  what's your key message to HR professionals who are watching this?”

Kieron O’Reilly: “Have a look at where you are with the reporting channels you've got. How do people feel safe to speak up, should they wish to, and have a look at whether you've got any particular areas of your organisation where there may be issues more so than others, and have a look at what that's telling you. I think overall you've more than likely got most of the systems you need in place, and most of the processes, and the question is building up the trust to use it and I think that's an area of focus that most HR are working with because it's not just a HR function, this is something that's owned by business leaders, by individuals, it's owned by everyone. Everyone needs to feel comfortable to do so. I think HR have a role really to help as a catalyst towards developing that, but it's a whole organisational approach that will make that trust effective in this situation.”

So the key takeaway for HR is that preventing third party harassment is not simply about reacting to formal complaints once problems escalate. The focus instead is on recognising early signals, making sure people feel safe to speak up, and dealing with concerns consistently before more serious issues develop.

For many organisations, the systems and processes may already be in place. The challenge is building the trust and confidence needed for people to use them. If you’d like help reviewing your approach or strengthening speak-up confidence within your organisation, please do contact Kieron – his details are there on the screen for you.