Journey

Responding to a harassment complaint

Step-by-step guidance for employers handling harassment complaints under ERA 2025 rules, including third-party harassment. Covers immediate response, investigation, and follow-up.

Running a Business Updated 15 September 2026

9 milestones references 1 guide

Responding to a harassment complaint

This journey guides you through handling a workplace harassment complaint under the Employment Rights Act 2025 rules. From October 2026, employers face increased liability for harassment including by third parties.

Time needed: 15 minutes to review the process.

Immediate response (within 24 hours)

When you receive a harassment complaint:

Acknowledge the complaint and thank the employee for reporting Reassure them the matter will be taken seriously Ask if they need immediate support Assess if immediate action is needed (separation from harasser) Do not promise specific outcomes at this stage

Guv’s take

Confidentiality: Treat the complaint confidentially. Share information only with those who need to know for the investigation.
Identify the type of harassment

Determine who the alleged harasser is:

Employee/colleague (internal harassment) (optional) Manager/supervisor (internal harassment with power imbalance) (optional) Customer/client (third-party harassment) (optional) Contractor/supplier (third-party harassment) (optional) Visitor (third-party harassment) (optional)

Take note

Third-party harassment: From October 2026, you are liable for harassment by customers, clients, and contractors if you failed to take 'all reasonable steps' to prevent it. See the third-party section below.
Initial assessment

Quickly assess the situation to determine appropriate next steps:

Is the complainant safe? (physical or psychological risk) Is immediate separation from the alleged harasser needed? Is there any ongoing risk? (e.g., will they interact again) Are there witnesses who should be identified? Is there any physical evidence to preserve? Should this be a formal investigation or informal resolution?
Provide support to the complainant

Offered access to Employee Assistance Programme (if available) Offered flexible working or temporary adjustments if needed Assigned a point of contact for updates Explained the investigation process and likely timescales Reassured about protection from retaliation
Investigate the complaint

For internal harassment (colleague/manager):

Appointed an impartial investigator Gathered evidence (documents, CCTV, communications) Interviewed the complainant Interviewed witnesses Interviewed the alleged harasser Documented all evidence and statements Reached a conclusion on the balance of probabilities

For third-party harassment (customer/client/contractor):

Gathered evidence of the incident(s) Interviewed the complainant and any witnesses Documented what preventive measures were in place Reviewed whether 'all reasonable steps' were taken to prevent it Considered what additional steps should be taken
Third-party harassment - additional steps

For harassment by customers, clients, or contractors:

Consider banning/barring the harasser from premises Consider terminating relationship with contractor/supplier Consider formal complaint to harasser's employer (if applicable) Review signage and deterrence measures Assess if additional training is needed for staff Update risk assessment for third-party harassment

Guv’s take

Defence to third-party claims: You can defend claims by showing you took 'all reasonable steps' to prevent harassment. Document all preventive measures and your response to this incident.
Determine outcome and take action

If complaint is upheld:

Take appropriate disciplinary action against harasser (if employee) Take appropriate action against third party (ban, terminate contract) Review whether any policies or procedures failed Implement improvements to prevent recurrence Provide ongoing support to complainant

If complaint is not upheld:

Explain reasons clearly to complainant Offer appeal mechanism Monitor the workplace for any retaliation Consider mediation if working relationship is damaged Document the investigation and outcome thoroughly
Communicate the outcome

Informed complainant of outcome and reasons Explained what action is being taken Offered right to appeal (for complainant and harasser if employee) Confirmed ongoing support available Reminded of confidentiality obligations
Follow-up and prevention

Scheduled follow-up check-in with complainant Monitored for any retaliation Reviewed policies and procedures for improvements Considered whether additional training is needed Updated harassment risk assessment Retained all documentation for potential tribunal claim

Take note

Tribunal time limits: From October 2026, employees have 6 months (not 3 months) to bring tribunal claims. Retain all documentation for at least 12 months.

Useful resources

Preventing workplace harassment: employer duties

How to comply with harassment prevention duties

acas.org.uk

ACAS guidance on handling harassment (opens in a new tab)

ACAS guidance on bullying and harassment

equalityhumanrights.com

EHRC guidance on sexual harassment (opens in a new tab)

Equality and Human Rights Commission technical guidance

Responding to a harassment complaint

Responding to a harassment complaint

Immediate response (within 24 hours)

Identify the type of harassment

Initial assessment

Provide support to the complainant

Investigate the complaint

For internal harassment (colleague/manager):

For third-party harassment (customer/client/contractor):

Third-party harassment - additional steps

Determine outcome and take action

If complaint is upheld:

If complaint is not upheld:

Communicate the outcome

Follow-up and prevention

Useful resources

Preventing workplace harassment: employer duties

ACAS guidance on handling harassment (opens in a new tab)

EHRC guidance on sexual harassment (opens in a new tab)

Related journeys

Understanding the Employment Rights Act 2025