Employers liability for Third Party Harassment

In this episode 260 of the employment law and HR podcast, I bring you a run down of the new law coming in October 2026 which provides a legal duty on employers to prevent harassment of employees by third parties and provides for employer liability for the actions of third parties towards their employees. In this episode we cover: The background to third party harassment law including the case that started it all, the 'Bernard Manning' case. The law on harassment currently. What the new law says about third party harassment. When third party harassment may arise. What steps employers need to take. Why you need to take action now. Legal liability for employers. Why you need to start considering who your 'Finchy' from the Office is! Key takeaway: Employers need to start taking action now to assess and identify the risks of third party harassment.  In order to take the necessary steps and ensure everything is in place by October 2026 you need to act now.  Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help. Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected] Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 259 of the employment law and HR podcast, we delve into some of the detail of the forthcoming changes under the Employment Rights Act 2025. In this episode I am covering the key changes taking place from April 2026. In this episode we cover: Changes to Paternity Leave Paternity Leave will become a day 1 right for all employees Statutory paternity pay will still have the qualifying period of 26 weeks Unpaid Parental Leave will become a day 1 right The requirement for all employers to keep holiday records for 6 years All employers need to keep records of annual leave entitlement and time taken off Employers also need to keep records of how much an employee is paid when they take holiday Why it is important to reconsider how you hold holiday records The new Fair Work Agency The risks to employers in terms of penalties and reputation if the Fair Work Agency intervene Changes to Statutory Sick Pay The impact on employers of the new SSP rules Why managers need to be aware and to tighten up the management of short term regular sickness absence Why it is important to start taking action now to get ready for the new law. Key takeaway: Employers need to start taking action now to educate and empower managers to proactively manage employees for success.  You need to review and update policies on Paternity Leave, Parental Leave and Statutory Sick Pay.  You also need to consider how you store your holiday records and how you are going to store them going forward.  Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help. Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected] Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

In this episode 258 of the employment law and HR podcast, we delve into some of the detail of the forthcoming changes under the Employment Rights Act 2025. In this episode I am covering the key changes in regards to unfair dismissal including an analysis of the impact and the practical steps employers need to take.     In this episode we cover:     Changes to the rules on who can claim unfair dismissal Why it is important to start taking action now to get ready for the new law. Why you need still consider probation periods and how you manage them. despite the fact that a mandatory probation period is no longer included in the Employment Rights Act 2025. Suggested contract changes to deal with the new unfair dismissal risks.  Training for managers that is going to be critical.  The importance of robust induction and onboarding processes.  An emphasis on proactive management of performance, behaviour and conduct issues.  The importance of honest conversations and expectation setting at the outset.     Key takeaway:   Employers need to start taking action now to educate and empower managers to proactively manage employees for success.  Gone are the days where managers can be vague on expectations of employees and fail to follow up when standards are not met and then dismiss an employee 'out of the blue' without due process.    Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.       Training for your Team   Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.   Please drop me an email [email protected]       Fixed Price Advice from Real Experts   As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour   Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006   We have a variety of free documents and letters which are available to download here: DIY Documents   We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE     Zoes Law   Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

What is the status of the changes under the new law?   In this episode 257 of the employment law and HR podcast, as we reach the end of the year and the last podcast for 2025 I cover an update on the status of the Employment Rights Bill, the changes and what has been happening to delay the new law.   In this episode we cover:   The latest issue causing contention and subsequently delays in the parliamentary process.   What the impact could be of a removal of the compensation cap for unfair dismissal claims.   A rundown of the other changes to the Bill from the initial version published.   What the key changes are and what employers need to be aware of.   Why it is important to start taking action now to get ready for the new law.   Key takeaway: There are going to be significant changes to employment rights for employees but those employers who are proactive, fair and have robust procedures and policies in place, coupled with management training will find that the risk of a claim does not increase. For employer who do nothing or think that it will not apply to them there is a significant increased risk of an employment tribunal claim.   You may also find the following helpful: Employment Rights Bill 2024: Key information   Employment Rights Bill   Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.   Training for your Team   Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.   Please drop me an email [email protected]     Fixed Price Advice from Real Experts   As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour   Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006   We have a variety of free documents and letters which are available to download here: DIY Documents   We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE       Zoes Law   Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

An effective tool to resolve disputes In this episode 256 of the employment law and HR podcast I cover an overview of Settlement Discussions and how you can use them to resolve difficult situations in the workplace.   In this episode we cover: When settlement discussions can be used The difference between 'without prejudice' conversations and 'protected conversations' How to safely make an offer What to avoid to prevent claims Why the frequent use can be a problem Practical tips on how to deal with settlement discussions   Key takeaway: Settlement discussions can be a useful tool but care needs to be taken about how you approach the discussion and when you decide to use an offer, and the frequency with which you use settlement discussions.     You may also find the following helpful: https://realemploymentlawadvice.co.uk/podcast/when-are-settlement-discussions-protected/ https://realemploymentlawadvice.co.uk/2025/05/27/settlement-agreements-in-employment-what-uk-employers-and-employees-need-to-know/   Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help. Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected] Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 255 of the employment law and HR podcast I cover an employment tribunal decision where an employee who called their manager a derogatory name was found to have been unfairly dismissed. Although the language used was clearly inappropriate, the tribunal decided that dismissal was too severe a response. This episode unpacks why and what lessons both employers and employees can take from it.   In this episode we cover: The facts of the case – what actually happened and how the dispute reached tribunal. How the tribunal assessed whether the dismissal was fair in all the circumstances. The importance of proportionate disciplinary action and consistent treatment. Why context matters – including the employee's record, workplace culture, and employer policies. Practical steps for managers handling misconduct or inappropriate language at work. What this case teaches us about the balance between respect, communication, and fairness in disciplinary processes. Why it is important to consider getting a third party to deal with disciplinary issues or dispute when the employee is a family member or close friend.   Key takeaway: Even when language is offensive or unprofessional, dismissal is not automatically fair. Employers must consider all the circumstances and ensure their decision is reasonable, consistent, and procedurally sound.   Working with family can present different challenges but employment law still applies!   You can read the full judgement here: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://assets.publishing.service.gov.uk/media/64ae81ed8bc29f00132ccb82/Ms_K_Herbert_v_Main_Group_Services_Ltd_3310773.2022_FMH_Reserved_Judgment.pdf   Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.         Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected]   Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 254 of the employment law and HR podcast I cover a recent Employment Appeal Tribunal decision that sheds light on a vital question for employers: In this episode we cover: When is an employer responsible for the actions of an employee who sexually harasses a colleague? This case involved a hospitality recruitment agency and a worker (AB) who was sexually harassed by a colleague (CD) while travelling in his car. The central legal issue was whether the colleague's conduct could be said to have taken place "in the course of employment" under section 109 of the Equality Act 2010 a key factor in determining whether the employer was legally liable. The Employment Tribunal originally found that, although harassment had occurred, the agency was not liable, as the harasser was not "acting in the course of his employment" at the time. However, the Employment Appeal Tribunal (EAT) found that the Tribunal had not properly applied the test for what counts as an "extension of employment" and sent the case back to be reconsidered.   What Went Wrong at the Tribunal? The Tribunal accepted that serious sexual harassment took place but concluded that: The harasser was not working or carrying out duties at the time; The lift to work had not been arranged or approved by the employer; and The employer could not have known about the encounter. The Employment Appeal Tribunal disagreed, highlighting that the Tribunal had failed to consider several important factors, such as: The ongoing work-related connection between the parties (including prior lifts to jobs); The harasser's work messages, sent during his shift, that were sexually inappropriate; and The claimant's genuine belief that she was travelling for work when the incident occurred. These could all point to the events being an "extension of the workplace" — and therefore potentially within the "course of employment".   Why This Matters for Employers This judgment is a reminder that liability for harassment is not confined to the four walls of the workplace. If there is a sufficient connection between the conduct and work, such as communication during work hours, travel to or from work, or employer-organised events, the employer could still be found responsible.   Key Takeaways Think beyond the workplace. Harassment at social events, during work travel, or over work-related messaging platforms may still fall "in the course of employment." Risk Assess. Carry out a risk assessment to identify risk areas in your organisation and take mitigating steps accordingly. Review policies and training. Clear boundaries and reporting procedures for off-site conduct can reduce risk. Take complaints seriously. In this case, the Tribunal noted concern that the employer had done little to support the claimant or investigate the alleged harasser while a police inquiry was ongoing. Context is everything. Whether an act is "in the course of employment" will always depend on the facts but employers are expected to take a proactive stance in preventing and addressing harassment.   You can read the full judgement here: https://www.gov.uk/employment-appeal-tribunal-decisions/ab-v-grafters-group-ltd-ta-csi-catering-services-international-2025-eat-126   Duty to take steps to prevent sexual harassment All employers, regardless of size and resources, now have a legal obligation to take steps to prevent sexual harassment. One of the steps you need to take is to train your employees on what sexual harassment is and standards of conduct required. We have a range of training options available to you, including our DIY employee training which is available for £15 plus VAT per person. If you want to 'bulk buy' 50 or more places we have a discount code available please do not hesitate to get in touch. You can access the training here: https://employment-law-hr-advice.teachable.com/ We also have full DIY resources for employers here: The prevention of Sexual Harassment at work Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.   Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected]   Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

Practical Guidance for Managers When it comes to managing workplace issues, prevention is always better than cure. In this episode 253 of the Employment Law & HR Podcast, we dive into why early action matters, how to spot the signs of trouble, and practical steps you can take to stop minor issues from escalating into costly legal problems.    In this episode, we cover: Why early action is often avoided by employers and managers. The real cost of delaying action on workplace concerns. Spotting the early warning signs that something isn't right. How to have effective "fix it" conversations with employees. When to use mediation as a tool to rebuild trust. How recent legal developments under the Employment Rights Act 2025 increase the need to act early.   "The best employers set their teams up for success by addressing concerns before they become conflicts."      Why This Matters Too often, organisations wait too long to address performance or behaviour concerns—leading to grievances, resignations, or tribunal claims. Early, fair, and well-documented action not only reduces legal risk but builds trust and stronger workplace cultures.    Common Scenarios Where Early Action Makes a Difference A small clash over workload expectations turns into a bullying allegation. Personality clashes that go unchecked end in formal grievances. Persistent lateness leads to dismissal and an unfair dismissal claim. Failure to address wellbeing concerns leads to long-term sickness absence.      Practical Tips from the Episode Use simple, open language: "I've noticed a change — is everything okay?" "Let's talk about how we can resolve this early." Document informal conversations. Consider mediation early to prevent escalation. Escalate when the issue involves serious allegations or risks.      Key Takeaways Act early — don't wait for issues to grow. Communicate openly, calmly, and empathetically. Keep records of informal actions and discussions. Mediation can save relationships and reduce conflict. Seek professional advice when in doubt.   If you would like support to understand if you may have a claim for constructive unfair dismissal please do not hesitate to contact our office on 01983 897003 for a free no obligation discussion. We can also help if you are an employer defending a claim in the Employment Tribunal.   Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.     Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected]   Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 252 of the podcast following on from the last episode about constructive unfair dismissal I bring you a rundown of some employment tribunal case examples. In this episode I cover the following cases: Mr Marshall v Mcpherson Limited (2025) 09 07 2025 – Employment Appeal Tribunal case Mrs Rogerson v Dreamstore Norwich Limited 16 01 2020 Western Excavating (ECC) Ltd v Sharp [1978] Malik v BCCI [1997] Isle of Wight Tourist Board v Coombes [1976] Bournemouth University v Buckland [2010] Blackburn v Aldi Stores Ltd [2013] – EAT British Aircraft Corporation Ltd v Austin [1978] Omilaju v Waltham Forest London Borough Council [2005]   If you would like support to understand if you may have a claim for constructive unfair dismissal please do not hesitate to contact our office on 01983 897003 for a free no obligation discussion. We can also help if you are an employer defending a claim in the Employment Tribunal.   Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.   Other resources you may find helpful: What is Constructive Unfair Dismissal?   Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email [email protected] Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE   Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

This is a quick summer message as I am taking a short break from the podcast for some rest and family time.  The Real Employment Law Team are still available if you have any questions or would like any advice or support over the summer.  Thanks for listening.  Alison