People working in shops, pubs, restaurants and delivery jobs now have stronger legal protection against harassment from customers.
New rules that came into force on Friday 30 October 2026 mean employers can be held responsible if a customer or another member of the public harasses a worker and the employer hasn’t taken all reasonable steps to prevent it.
The changes, introduced under the Employment Rights Act 2025, apply in England, Scotland and Wales.
They also place a stronger duty on employers to prevent sexual harassment at work.
What’s changed under the new law?
There are two main changes.
First, employers must now take all reasonable steps to prevent sexual harassment at work.
Previously, they had to take reasonable steps. That requirement began in October 2024, but the law has now been strengthened.
Second, employers can now be held responsible for harassment by people outside the business, including customers, clients and members of the public.
This is known as third-party harassment.
However, an employer isn’t automatically responsible every time somebody behaves badly. The law considers whether the employer took all the steps it could reasonably have been expected to take to prevent the harassment.
The changes were confirmed in a government announcement on 30 October.
What does this mean for shop, pub and delivery workers?
The new protection could help staff who regularly deal with customers, whether they’re working behind a till, serving drinks or delivering parcels.
For example, it could apply if a customer makes racist comments towards a supermarket worker or sexually harasses somebody working in a pub.
It could also cover a delivery worker who experiences harassment while visiting a customer’s home.
The rules aren’t limited to incidents inside a workplace. Harassment during work-related travel, customer visits or online contact can also be covered.
But not every unpleasant customer interaction counts as harassment under this law.
The behaviour must meet the legal definition, which includes unwanted sexual conduct or harassment related to characteristics such as race, disability, age, religion, sex or sexual orientation.
It must also have the purpose or effect of violating someone’s dignity or creating an intimidating, humiliating or offensive environment.
A customer shouting about a delayed parcel, for example, wouldn’t automatically meet that definition.
However, employers still have responsibilities for protecting workers from threats, aggression and violence, even when the behaviour doesn’t fall under the Equality Act’s harassment rules.
The Health and Safety Executive explains employers’ responsibilities for dealing with work-related violence and aggression.
What must employers do to protect staff?
Employers are expected to consider the risks their workers face and take reasonable action to prevent harassment before it happens.
According to Acas and the Equality and Human Rights Commission, this could include:
- Giving staff a clear way to report harassment.
- Training workers and managers to recognise and respond to incidents.
- Recording complaints and taking appropriate action.
- Making changes to reduce risks, such as avoiding lone working where necessary.
What is reasonable will depend on the business, the type of work and the risks staff face.
For example, a small shop and a busy nightclub may need different safety measures.
Simply having a policy isn’t necessarily enough if an employer isn’t taking appropriate steps to protect workers.
You can read more in the Acas guidance on preventing harassment at work.
Skint Dad says:
Being polite to customers is part of many jobs. Putting up with racism or sexual harassment shouldn’t be.
These changes mean employers have greater responsibility to prevent harassment, rather than simply dealing with complaints after something has happened.
What should you do if a customer harasses you?
If you’ve experienced harassment while working, there are steps you can take.
- Make a note of what happened. Include the date, time, location, what was said or done and whether anybody witnessed it.
- Tell your employer. Report the incident to your manager or follow your workplace’s reporting procedure. If your manager is involved or you’re uncomfortable approaching them, ask who else you can speak to.
- Ask what action will be taken. Your employer should take complaints seriously and investigate them fairly. If the issue isn’t resolved, you can consider making a formal complaint, known as a grievance.
- Get independent advice. Acas offers free advice about employment rights. If you’re a trade union member, your union may also be able to help.
You can find further advice about reporting harassment at work on the Acas website.
If you’re thinking about making an employment tribunal claim, be aware that strict time limits apply.
For most claims involving incidents on or after 1 October 2026, the deadline is six months minus one day. This deadline change was introduced separately from the new harassment rules.
You usually need to notify Acas before bringing a tribunal claim, and making a complaint to your employer doesn’t stop the deadline.
Check the Acas guidance on employment tribunal time limits if you think you may need to make a claim.
Does the new law cover self-employed delivery drivers?
The Equality Act protects employees and many other people who are hired to carry out work personally.
Some people described as self-employed may also be protected, depending on how they actually work and their relationship with the business.
However, someone who is genuinely running their own business may not have the same protection under these employment rules.
This can be particularly important for couriers and delivery drivers working through apps or on self-employed contracts.
If you’re unsure whether you’re covered, you can contact Acas for advice.
The new protections apply automatically to eligible workers. You don’t need to apply or register for them.
