Key points:
- From 30 October, employers can be liable for third-party harassment unless they took all reasonable steps to prevent it.
- Employers must also take “all reasonable steps” to prevent sexual harassment of their staff.
- Third parties include customers, clients, contractors, self-employed consultants and members of the public.
- According to an Acas poll, 41% of employers were unaware of the changes.
- Hauliers should assess risks, update reporting procedures, train staff and review contracts with clients and subcontractors.
What changes on 30 October
The changes come from the Employment Rights Act 2025. According to the government guidance, two new obligations apply from today:
- employers must take “all reasonable steps” to prevent sexual harassment of their employees,
- employers must not permit the harassment of their employees by third parties, such as customers and clients.
Since October 2024, employers have already had a duty to take “reasonable steps” to prevent sexual harassment. The new wording raises the bar.
The third-party rule covers harassment under the Equality Act 2010, including sexual harassment and harassment related to protected characteristics such as age, disability, race, religion or belief, sex and sexual orientation. Harassment related to pregnancy and maternity, and to marriage and civil partnership, is not covered. The rules apply in England, Wales and Scotland, but not in Northern Ireland.
Who counts as a third party
According to Acas, a third party is someone who does not work for the employer but interacts with its workers. This includes:
- customers, clients and service users,
- self-employed consultants,
- contractors and tradespeople,
- people attending events,
- members of the public.
Harassment can happen in person or online. An employer will be liable unless it can show it took all reasonable steps to prevent it.
In road transport, this means drivers at customer sites, staff dealing with subcontracted drivers at depots, delivery drivers on doorsteps and office teams talking to clients. It is also relevant for companies trying to attract more women into an industry where they remain a small minority.
2 in 5 employers are not ready
A YouGov poll for Acas of 1,050 senior decision makers found that 41% were unaware of the new rules. “Next month employers could also be liable if customers or members of the public harass their staff too,” Julie Dennis, Acas Head of Inclusivity, said in September.
Kate Dearden, Minister for the Future of Work, said: “No one should have to endure harassment at work.”
What hauliers should do now
Acas lists several steps that employers can take. For transport and logistics companies, they translate into:
- risk assessment: identify roles that deal with third parties, such as drivers at delivery points, lone or night workers and transport office staff,
- reporting: make sure staff know how to raise a concern, and monitor and record incidents,
- policy: update the harassment policy so it covers customers, contractors and the public, and review related policies such as lone working,
- training: train staff on their safety and on de-escalating situations,
- contracts: review terms with customers, suppliers and subcontractors, for example rules on conduct at loading bays and depots,
- communication: tell customers and visitors what happens if they harass staff, for example with posters at depots or in emails.
In higher-risk situations, Acas suggests measures such as security staff, personal alarms or body cameras. It also advises employers to record why they have not taken steps they consider not reasonable.
Other changes for employers
HMRC’s Employer Bulletin for October also reminds employers of other Employment Rights Act changes that start on 30 October, including on trade union rights. It recommends reviewing the guidance from Acas and the Equality and Human Rights Commission on preventing harassment.
With the number of UK HGV drivers falling, how companies protect their staff may also affect how well they can keep them.
