UK employers strengthen reporting systems to tackle third party harassment

New duties to prevent third party harassment are now in force, putting greater pressure on employers to identify problems before they escalate. But new research suggests many employees remain reluctant to speak up about inappropriate behaviour. A survey of 1,000 UK employees by workplace training provider iHasco, reported by People Management, has found that two-thirds lacked full confidence that those reporting concerns would be protected. That raises an important question for employers: how can they prevent harassment if employees don’t feel safe reporting it? We’ll speak to a D&I expert about that. 
The changes, which took effect on 30 October under the Employment Rights Act 2025, introduce new liability for employers where employees are harassed by third parties, including customers, clients, and contractors, unless the employer has taken all reasonable steps to prevent it. That makes it particularly important to understand where problems may be developing, even where no formal complaint has been made.
The research highlights the gap between recognising inappropriate behaviour and reporting it. While 95% of those surveyed said they could identify sexual harassment, 40% were unsure how to raise concerns. Almost one in five had witnessed or experienced inappropriate behaviour without reporting it, with some fearing retaliation or believing nothing would happen.
Separate research highlighted in Workplace Journal raises further concerns, this time about customer abuse. Fewer than half of frontline workers believed reporting abuse led to meaningful action. Among those who had reported a serious incident or knew someone who had, almost a third said the report was simply acknowledged, while only 14% said updates were provided on the outcome.
The findings suggest that having a formal complaints procedure is not enough. Employers also need to recognise when something may be wrong, even if nobody has reported it. That means paying attention to the early warning signs and addressing concerns before they become more serious.
Kieron O’Reilly is a D&I consultant with Pinsent Masons’ Employment Plus team, and I spoke to him about that challenge. So what’s the danger of relying on formal complaints to identify third party harassment?
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: “How can employers make sure employees feel confident using their reporting systems?” 
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 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 message for employers is that having reporting systems in place is not enough. Employees need to feel confident using them, and managers need to recognise the early signs of problems before they escalate. Kieron advises employers on strengthening those reporting arrangements and building a culture where employees feel safe to speak up. If you’d like help with this, please do contact him – his details are there on the screen for you.