A GUIDE TO THE NEW LAWS ON THIRD-PARTY HARASSMENT
Updated: Oct 6
Working for the church is a calling, but it is a workplace – and so says the law.
In the past, inappropriate behaviour from a member of the congregation or an aggressive premises hirer might have been brushed off as a 'pastoral issue' or something that church staff were expected to endure, with grace.
But, under the Employment Rights Act 2025 (ERA 2025), taking effect on the 30th October 2026, that approach becomes a direct legal liability.
The legislation introduces strict statutory duties that make employing bodies - including the managing trustees of Districts and Circuits - legally responsible for protecting their staff from harassment committed by third parties.
To understand the shift, church leadership must examine how several key pieces of UK legislation interact:
Equality Act 2010 (Section 26 and Section 40)
Section 26(1) provides the core statutory definition of harassment as ‘A person (A) harasses another (B) if A engages in unwanted conduct related to a relevant protected characteristic, and the conduct has the purpose or effect of violating B's dignity, or creating an intimidating, hostile, degrading, humiliating, or offensive environment for B.’
Under Section 26(4), whether conduct has that effect depends on B's perception, the circumstances of the case, and whether it is reasonable for the conduct to have that effect.
Under Section 26(5), the statutory protection applies across specific characteristics: Race (including colour, nationality, and ethnic or national origins), Sex, Sexual Orientation, Disability, Religion or Belief, Age, and Gender Reassignment.
When originally enacted, Section 40(2)–(4) contained a 'three-strikes' rule holding employers liable for third-party harassment if it occurred on at least two prior occasions and the employer failed to take reasonably practicable steps to prevent it. The Enterprise and Regulatory Reform Act 2013 repealed these provisions in October 2013 and so for over a decade, employers were largely shielded from direct tribunal claims when external visitors, members of the congregation, or contractors abused staff, unless the worker resigned and brought a claim for Constructive Unfair Dismissal under Section 95(1)(c) of the Employment Rights Act 1996 - or sued for personal injury.
Worker Protection (Amendment of Equality Act 2010) Act 2023
Section 40A (Anticipatory Preventative Duty) came into force on the 26th October 2024 which introduced a mandatory positive duty on employers under Section 40A(1) of the Equality Act 2010 to take proactive "reasonable steps" to prevent sexual harassment of employees in the course of their employment. This established that employers must assess workplace risks and implement safeguards before an incident occurs.
Under Section 124A of the Equality Act 2010, Employment Tribunals were granted explicit statutory powers to increase compensation awards by up to 25% where an employer breaches its duty under Section 40A. However, the 2023 Act's scope was strictly limited to sexual harassment, leaving other protected traits under Section 26(5) unaddressed.
Employment Rights Act 2025 (ERA 2025)
Taking effect on 30 October 2026, Section 21 of the ERA 2025 amends Section 40 of the Equality Act 2010 by inserting subsections (1A)–(1C). Section 40(1A) establishes that an employer (A) must not permit a third party to harass an employee (B). Unlike the pre-2013 regime, a single incident of third-party harassment is sufficient to trigger employer liability across all protected characteristics under Section 26(5). Section 40(1C) defines a ‘third party’ as any person other than the employer or an employee (including parishioners, community hall hirers, donors, and contractors).
Under inserted Section 40(1B)(b), an employer is deemed to have permitted harassment unless it proves that it took ‘all reasonable steps’ to prevent the third party from doing so. By elevating the legal standard from ‘reasonable steps’ to ‘all reasonable steps’, the burden of proof rests entirely on the employing body to demonstrate that there were no further sensible or practical precautions available that it failed to take.
The ERA 2025 amends Section 123 of the Equality Act 2010 and Section 111 of the Employment Rights Act 1996, extending the standard statutory time limit for workers to present a claim to an Employment Tribunal from three months to six months. This doubles the time frame within which a Circuit or church may face legal action.
The legal landscape governing third-party harassment has moved through four distinct stages:
Equality Act 2010 (Original Section 40):
Employers were previously liable only after three separate reported incidents of third-party harassment had occurred.
2013 Statutory Repeal:
Third-party harassment provisions were repealed. Employers were largely shielded from direct claims when external visitors abused workers.
Worker Protection Act 2023 (Section 40A):
Introduced a proactive duty to prevent sexual harassment, backed by a potential 25% compensation uplift in Employment Tribunals.
Employment Rights Act 2025 (In force 30 October 2026):
Establishes direct liability for third-party abuse across all protected characteristics. A single incident can trigger a claim, and employers must prove they took ‘all reasonable steps’ to prevent it.
Under the ERA 2025, it is no longer sufficient to react to an incident after a worker complains, nor is it enough to rely on a generic handbook or a code of conduct posted in a church office. Because the statutory defence requires proving that ‘all reasonable steps’ were taken, the legal standard is extraordinarily high. To defend a claim before an Employment Tribunal, a Circuit or Church must demonstrate that it actively assessed risks and implemented every practical safeguard available before the harm occurred.
Statutory Whistleblowing Protections
The ERA 2025 explicitly links harassment reporting to qualifying disclosures under Section 43B(1) of the Employment Rights Act 1996.
Therefore, if a lay employee, administrator, youth pastor, or a minister reports that a Church or Circuit is failing to prevent third-party harassment, that report is legally protected. If the leadership responds by penalising the worker - such as removing responsibilities, marginalising them in any way, or terminating employment - the worker can bring a claim for Automatic Unfair Dismissal with the potential for Uncapped Compensation for detrimental treatment.
Trust and Confidence (Malik v BCCI [1997])
Every employment contract contains an implied obligation defined by the House of Lords in Malik v Bank of Credit and Commerce International SA [1997]:
‘The employer shall not without reasonable and proper cause conduct itself in a manner calculated or likely to destroy or seriously damage the relationship of confidence and trust between employer and employee.’
Using informal pressure, cold-shouldering, or administrative manoeuvring to manage out a staff member who raises concerns about behaviours constitutes a fundamental breach of this implied term.
Combined with ERA 2025 protections, tribunals will impose significant financial penalties on organisations that allow internal church politics to undermine worker safety.
What Church Leadership Should Do
Because doing nothing leaves employing bodies exposed to legal and financial risk, Methodist Circuits and local managing trustees must take operational measures:
Conduct Specific Workplace Risk Assessments
Carry out written risk assessments for all lay roles (i.e., church administrators working alone, youth workers, caretakers). Identify points of exposure to the public, external room hirers, or potentially difficult members of the congregation.
Establish Clear Terms of Conduct for Church Premises
Display explicit notices in church buildings, halls, and online stating that abusive, discriminatory, or harassing behaviour towards church staff will not be tolerated.
Update Lettings and Room Hire Contracts
Revise standard lease and hire agreements to include an express termination clause that states clearly that any harassment of church staff or volunteers by event organisers or attendees will result in the immediate cancellation of the booking.
Implement Clear Reporting Procedures
Provide staff with a clear, safe route to report third-party hostility without fear of reprisal. Ensure that designated Stewards and Safeguarding Officers understand how to record, investigate, and act on these disclosures.
Train Circuit Leadership and Ministers
Train those in supervisory roles to understand their statutory duties. If a worker reports discriminatory remarks, leadership must intervene directly. Advising a staff member to ‘turn the other cheek’ or view abuse as a ‘pastoral burden’ invalidates the employer's legal defence.
Maintain Complete Records of Interventions
Document all steps taken when responding to concerns - such as issuing formal warnings to church members, adjusting work patterns, or barring individuals from specific premises. Detailed contemporaneous records serve as primary evidence to satisfy the ‘all reasonable steps’ threshold in tribunal proceedings.
A church’s pastoral mission to be open and welcoming does not supersede its legal obligation to provide a safe working environment. By updating policies, revising hire contracts, and training leadership, the church can ensure legal compliance while upholding a duty of care to those who serve the church.
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