If a client harassed one of your negotiators at a viewing on 31 October, could you show what your agency had done to prevent it?
From 30 October 2026, the Employment Rights Act 2025 makes employers liable when a worker is harassed by a third party, such as a customer or client, unless the employer has taken all reasonable steps to prevent it. For an agency, that describes every viewing, valuation and inspection.
The difficulty here is the phrase itself. There is no official checklist for “all reasonable steps”, and employment law commentators do not expect detailed regulations before 2027/28 at the earliest. Acas has now published guidance, though, and it is more practical than many agents may expect.
In Short: From 30 October 2026, employers are liable for harassment of staff by third parties such as clients unless they took all reasonable steps to prevent it. Acas guidance expects risk assessments, a policy, training, incident records and alarms for higher-risk work. Agencies should act now and keep dated records of their decisions.
Key Facts
- From 30 October 2026, the Employment Rights Act 2025 makes employers liable for harassment of workers by third parties unless they took all reasonable steps to prevent it.
- The duty covers customers, clients, contractors and members of the public, and is not limited to sexual harassment. It applies across the seven protected characteristics in the Equality Act’s harassment provisions.
- On the same date, the existing duty to prevent sexual harassment is upgraded from “reasonable steps” to “all reasonable steps”.
- There is no official checklist, and commentators do not expect detailed regulations before 2027/28 at the earliest.
- Acas says what is reasonable depends on size, sector and the kind of work, and advises recording why you decided a step was not reasonable.
- Acas examples include regular risk assessment, incident records, a policy, de-escalation training, customer terms that reflect the policy, and personal alarms for higher-risk work.
What the New Duty Covers
The new duty applies from 30 October 2026 and covers harassment by customers, clients, contractors and members of the public, so we’re talking about anyone a member of staff deals with through work. It is also not limited to sexual harassment, which is where the existing protection against third-party harassment has been confined until now. It applies across all seven of the protected characteristics covered by the Equality Act’s harassment provisions: age, disability, gender reassignment, race, religion or belief, sex and sexual orientation. (The Act has nine protected characteristics in total, but marriage and civil partnership, and pregnancy and maternity, are not covered by its harassment provisions.) Where an employer hasn’t taken all reasonable steps to prevent harassment related to any of these, there is scope for a compensation claim.
Employers are liable unless they can show they took all reasonable steps. The defence is the steps themselves, not good intentions. Acas says what is reasonable depends on size, sector and the kind of work, and means doing what’s possible with the resources available. That is a proportionate standard, not a corporate one. Acas also advises recording why you decided a particular step was not reasonable, so the paper trail covers what you chose not to do as well as what you did.
What Changes on 30 October
At present, an employer can be liable if one worker harasses another, unless it took all reasonable steps to prevent it. From 30 October, the same test applies where the harassment comes from a third party: anyone a worker deals with through work, in person or online. Acas gives customers, clients, contractors and members of the public as examples.
Separately, the existing duty to prevent sexual harassment, specifically, is upgraded on the same date, from “reasonable steps” to “all reasonable steps”. A worker who brings a claim would do so in an employment tribunal under the Equality Act.
What Acas Says Reasonable Steps Look Like
Acas is clear that the right steps depend on the organisation. Its examples include:
- Regularly assessing the risk of third-party harassment and acting on what you find.
- Monitoring and recording incidents, and the action taken.
- Having a policy that sets out how third-party harassment is dealt with.
- Training staff in safety and de-escalation.
- Making sure customer terms and communications reflect the policy, and telling customers there are consequences for harassing staff.
- For higher-risk work, safety equipment such as personal alarms.
It is reasonable to argue that evening viewings in empty properties sit towards the higher-risk end, which is where Acas expects equipment like personal alarms to feature.
What That Might Look Like in an Agency
Translated into agency terms, the list could mean a written risk assessment for viewings, split by time of day and type of property. It could mean a line in every viewing confirmation saying that abuse of staff will not be tolerated and that a viewing may be ended. It could mean a clear policy that negotiators may end or rearrange an appointment if they feel unsafe, a check-in system with a defined response when one is missed, and one place where incidents are logged.
None of that requires a large budget. It requires someone to decide, write it down and make sure staff know.
Proportionate, Not Perfect
Acas illustrates the standard with two examples. In the first, a nightclub owner is told by staff they would feel safer with more security training and a way to call for support. The owner looks into it, speaks to a trade body, and puts a policy in place covering door supervisors, alarms, cameras, code words, safe areas and incident tracking. Problems still arise occasionally, but they are reviewed quickly, and Acas considers the owner likely to have taken all reasonable steps.
In the second, a shop owner is told by staff about threats and racist abuse from customers, and replies that it is part of the job. Acas says it is very unlikely that the owner has taken all reasonable steps.
Two points follow. Listening to staff and acting on what they say carries real weight, and an occasional incident does not mean the standard has been missed.
Is your agency ready for 30 October? See how The Sentry gives you the live check-ins and the dated record that Acas-style reasonable steps depend on: Book a free demo.
Write the Reasoning Down
With no official checklist, a tribunal will be looking at what an employer actually did and why. Acas suggests recording why you decided a step was not reasonable, including where you applied a step to only some staff. A dated record of the risk assessment, the decisions made, the incidents reported and the responses given is what turns “we think we did enough” into something you can show.
A Practical List for the Next 15 Days
- List where and when your staff work alone: viewings, valuations, inspections, branch opening and closing.
- Update your lone working or harassment policy so it expressly covers third parties, and says what staff may do, including ending a viewing.
- Tell staff who to contact and how to raise a concern, confidentially where needed.
- Put a check-in and alarm route in place, and test it, including what happens when a check-in is missed.
- Add a short line on conduct to your viewing confirmations.
- Start the incident log now, and record any step you have decided not to take, with your reasons.
How The Sentry Helps
Software does not replace a risk assessment or a policy. Those are yours to write, but what The Sentry does provide is the live part and the record: timed check-ins that can be escalated if one is missed, a one-touch alarm that shares the agent’s location, confidential incident reporting, and a Compliance Portal that timestamps what was in place and what was used. That record is what you would point to if you were ever asked.
Frequently Asked Questions
What changes for estate and letting agents on 30 October 2026? Under the Employment Rights Act 2025, an employer becomes liable when a worker is harassed by a third party, such as a client or member of the public, unless it took all reasonable steps to prevent it. For an agency, that covers viewings, valuations and inspections. On the same date, the existing duty to prevent sexual harassment is upgraded from “reasonable steps” to “all reasonable steps”.
Does the new duty only cover sexual harassment? No. The third-party duty is not limited to sexual harassment, which is where the existing protection has been confined until now. It applies across the seven protected characteristics covered by the Equality Act’s harassment provisions: age, disability, gender reassignment, race, religion or belief, sex and sexual orientation. Marriage and civil partnership, and pregnancy and maternity, are not covered by those harassment provisions.
Is there an official checklist for “all reasonable steps”? No. Employment law commentators do not expect detailed regulations before 2027/28 at the earliest. Acas has published guidance in the meantime, with examples such as regular risk assessment, incident records, a policy, training in safety and de-escalation, and safety equipment like personal alarms for higher-risk work.
Does a small agency need to do as much as a large employer? Acas says what is reasonable depends on size, sector and the kind of work, and means doing what is possible with the resources available. That is a proportionate standard, not a corporate one. A small agency is not expected to match a large employer’s budget, but it is expected to listen to staff, act on what it hears and be able to show what it did.
What should an agency record to show it took all reasonable steps? Keep a dated record of the risk assessment, the decisions made, the incidents reported and the responses given. Acas also advises recording why you decided a particular step was not reasonable, including where you applied a step to only some staff. That record is what turns “we think we did enough” into something you can show a tribunal.
Rebecca Evans is COO of The Sentry, specialising in staff safety in the property sector.