Show Notes
From the 30th October 2026 employers will be liable for the actions of strangers! In this episode 267 of the podcast I am covering a key change to the law which takes effect from the 30th October 2026 and one that many employers could find themselves falling foul of! Put simply all employers run the risk of liability for and a claim for third party harassment if they fail to take action.
In this episode of the podcast I cover: What is changing and why it is important. The risks for employers of inaction What the Employment Tribunal will look at Why it will be almost impossible to defend if you have not taken all reasonable steps What all reasonable steps looks like Why your managers present the biggest risk What action you need to take NOW
Key takeaways: All employers must take action now to assess the risks to their staff and then take action to mitigate those risks.
We have developed the following documents for you which will be available to purchase in our DIY section shortly: Third-Party Harassment Risk Assessment Third-Party Harassment Action Plan Third-Party Harassment Prevention Policy Third-Party Standards of Behaviour Notice Employee Communication Notice Incident Reporting Form Manager Incident Response Flowchart Manager Investigation & Response Guidance Training Record Annual Compliance Review Checklist & Timetable We can also assist you in preparing the documents and communicating to staff, as well as providing training for managers and employees. If you would like a no obligation quote or call to discuss please do not hesitate to contact us on 01983 897003 or by email to [email protected] As a member of our HR Harbour Membership service we can help you to comply with the new law. You can find more information about the service here: HR Harbour
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
The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances. The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
More from The Employment Law & HR Podcast
How to use AI effectively for an Employment case In this episode 268 of the podcast, I look at the recent Employment Appeal Tribunal decision in Hancox v Sutherland and Others [2026] EAT 139, in which a judge raised important concerns about the use of artificial intelligence in Employment Tribunal proceedings. The case involved an employee who submitted a 300-page skeleton argument prepared using ChatGPT, prompting the judge to comment on the growing use of AI by individuals representing themselves. I discuss what the judge said about the benefits and risks of AI, why lengthy AI-generated legal arguments can do more harm than good, and the importance of checking the accuracy of anything submitted to a Tribunal. I also consider what this decision means for employees, employers and HR professionals, and why AI can be a useful tool but should not replace sound legal advice and judgment. In this episode, we cover: The background to the Hancox case and the 300-page ChatGPT-generated argument. The judge's comments about AI and access to justice. The risks of inaccurate legal arguments and invented case law. The responsibilities of individuals using AI in Tribunal proceedings. Practical lessons for employers and employees dealing with AI-generated grievances and claims. Other Employment Tribunal cases that have referenced AI use. Rollo v Marstons Trading Ltd X v Secretary of State for Justice You can read the full judgment here: Hancox v Sutherland and Others [2026] EAT 139.
In this episode 266 of the podcast I am covering a topic that has been much discussed among the Real Employment Law Advice team and which is causing increased stress and time for employers and managers, the use of AI by disgruntled employees. We are seeing a significant increase in AI being used by employees to draft grievances, prepare complaints, challenge decisions and fuel their desire to pursue Employment Tribunal claims.
Employment Tribunal awards compensation for an employers failure to make adjustments in the probation period In this episode 265 of the podcast I am covering a recent case decided by the Employment Tribunal where an employee was awarded compensation after the employer failed to make reasonable adjustments in the probation period. The case of Ms Khorram v Capgemini emphasises the importance of effectively managing probation periods and the requirement to make reasonable adjustments for employees with neurodivergent conditions.
This is going to be critical for all new employees from the 1st July 2026 In this episode 264 of the podcast I am covering the critical change to how managers and employers deal with probation periods for any new starters from the 1st July 2026. The qualifying period for unfair dismissal is going to be the shortest period it has ever been from the 1st January 2027 and this means employers need to prepare and manage probation periods and the first few months of a new employees employment carefully and proactively. Managers need to be educated on this now! In this episode of the podcast I cover: What probation periods are Why probation periods matter What is changing from the 1st July 2026 Why you need a good robust induction and onboarding process The importance of setting clear goals and targets for new starters in order to measure their performance and progress as soon as possible How getting it right does not have to be hard but does take time and planning Why having good forms and workflows for the process will aid managers to get the probation period right
Top Tips for Managers In this episode 263 of the podcast I bring you my top tips for managing sickness absence. In light of the recent change to statutory sick pay and the requirement to pay employees from day 1 of their absence these practical tips for really managing sickness absence with employees are going to be even more critical. Managing employees who are absent can be difficult and in this episode I breakdown into some easy steps to follow. In this episode of the podcast I cover: The critical point is to manage sickness absence! What the barriers are to effective management of absence. The importance of a clear reporting process. How and why you should maintain contact during absence. The exception when you should not make contact. The importance of self-certification forms. Return to work meetings and the format. What to do about frequent absence. Why it is important to get to the root cause of the absence. How effective management of absence will help you get to the root cause quicker!