Zara Smith, Writer and Editor

From 30 October 2026,  the law on workplace harassment changes in ways that directly affect childminders and other home‑based providers who employ assistants. The key shift is from “do your best” to “take all reasonable steps” to prevent sexual harassment, plus a new duty to prevent harassment of your staff by third parties such as parents, visitors and visitors.

This article explains what the changes mean in practice for small, home‑based settings and sets out practical steps you can take before October.

Who is affected?

If you are a registered childminder or run a home‑based nursery and you employ anyone (assistant, apprentice, cleaner who works around the children, gardeners), these duties apply to you as an employer.

If you are a sole childminder with no employees, the new statutory duties do not directly apply to you as an employer, but they still matter because you may be treated as a “third party” in relation to other settings for example, if you provided shared care with a group setting or use a shared premises. With the change in legislation there will be increasing expectations of all providers to demonstrate good harassment prevention practice.

What changes on 30 October 2026?

Two linked changes come into force under the Employment Rights Act 2025.

1) Stronger duty to prevent sexual harassment

Currently, employers must take “reasonable steps” to prevent sexual harassment of their workers. From 30 October, this becomes a duty to take “all reasonable steps”.

In practice, this means:

• You must be able to show you have proactively assessed the risk of sexual harassment in your setting and taken steps that a reasonable employer in your position would take.
• It is no longer enough to have a policy hidden in a folder; you need evidence that it is understood and used (induction, training, discussions, supervision, responses to incidents).

2) New duty to prevent third‑party harassment

For the first time, employers will be liable if their employees are harassed by third parties (for example, parents, relatives, trades working on the premises, visitors, delivery drivers, other professionals) unless the employer has taken all reasonable steps to prevent it.

“Harassment” here means unwanted conduct related to a protected characteristic (such as sex, race, disability, religion or belief, sexual orientation, gender reassignment, age) that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. Sexual harassment is a specific form of this.

In a home‑based setting, third‑party harassment might include a parent making sexual or discriminatory comments or jokes to your assistant, a tradesperson or visitor using inappropriate language, gestures or touching, or repeated aggressive or demeaning behaviour linked to a protected characteristic (for example, racist or homophobic remarks).

If your assistant is subjected to this and you have not taken all reasonable steps to prevent or address it, you could face an employment tribunal claim.

What “all reasonable steps” could look like in a home‑based setting

The law does not prescribe a checklist, but ACAS, CIPD and government guidance make clear that “reasonable” depends on your size, resources and risks. For a small home‑based provider, regulators and tribunals will expect proportionate but clear action.

Actions to take

There are a number of actions that you should undertake to ensure that you are complaint and able to demonstrate that you are taking all reason able steps.

1) Update your policies (plain English, one or two pages)

Review and, if needed, rewrite your safeguarding and behaviour policy and your staff handbook / employment policies

Make sure they explicitly cover:

• Sexual harassment: what it is, examples relevant to your setting, and that it will not be tolerated from anyone (colleagues, parents, visitors, visitors).
• Third‑party harassment: a clear statement that your assistant will be protected from harassment by parents and other third parties, and what you will do if it happens.
• How to report concerns: simple steps for your assistant to tell you (or another named person) if they experience or witness harassment, including from parents or visitors.
• What happens next: that you will take concerns seriously, record them, and take appropriate action (for example, speaking to the parent, restricting contact, ending contracts with visitors, involving authorities if needed).

Keep language clear and specific to home‑based childcare. Avoid jargon; use short sentences and concrete examples.

2) Talk about it at induction and in supervision

For any assistant (or regular worker) discuss your harassment expectations at induction, not just by handing over a document. Agree how they should tell you (in person, text, email) and that they will not be penalised for raising concerns.

Talk through realistic scenarios with your employees to reinforce understanding:

• “What would you do if a parent made a sexual comment about your appearance?”
• “What would you do if a visitor used racist language in front of you?”

Revisit the topic in regular supervision or team meetings, especially if anything has happened or if you notice patterns (for example, a particular parent who is often disrespectful). Document these discussions briefly in your induction and supervision records.

3) Set clear expectations with parents and visitors

Because third‑party harassment is now a specific legal risk, it is reasonable to set boundaries with families and others who come into your home setting.

Consider:

• A short paragraph in your parent handbook / contract that clearly states that you expect all adults to treat your staff with respect, that harassment or discriminatory behaviour towards your staff will not be tolerated and that you may limit or end contact with families who breach this.
• A visible notice (for example, near your entrance or in your welcome pack) that says all adults on the premises must treat staff and children respectfully and that harassment will be challenged.
• Clear procedures for how you will respond if a parent behaves inappropriately towards your assistant (e.g. a private conversation, written warning, ending the placement if necessary).

This both helps prevent problems and shows you have taken reasonable steps.

4) Train yourself and your assistants to recognise and respond

You do not need expensive courses, but you should be able to show you understand the basics:

• What counts as sexual harassment and other harassment.
• The difference between “banter” and unwanted conduct that creates a hostile environment.
• How to support an assistant who reports harassment (listen, believe, record, act).
• When to involve external support (your local authority safeguarding team, ACAS, police).

Free or low‑cost options could include:

• ACAS guidance on sexual harassment and third‑party harassment.
• Short webinars from sector bodies.
• Internal “mini‑training”: you read the guidance, then talk it through with your assistant using scenarios.

Keep a simple record: date, topic, who attended, key points covered. This will help you to evidence that you have taken all reasonable steps.

5) Record and respond to incidents

If something happens record what occurred, when, who was involved, any witnesses, and what you did.

Speak to your assistant about what outcome they want (for example, an apology, no further contact with that parent, changes to drop‑off arrangements). Take proportionate action which may include speaking to the parent or third part, and setting clear boundaries, for example, all communication via email, no entry into your home beyond the hallway). In serious cases, you may need to end the placement or contact the police.

Your records and actions will be key evidence that you took “all reasonable steps”.

How this fits with safeguarding and EYFS

These employment law duties sit alongside your existing safeguarding and EYFS welfare responsibilities. In practice many behaviours that amount to third‑party harassment will also be safeguarding concerns (for example, aggressive, threatening or discriminatory behaviour towards staff in front of children).

Your designated safeguarding lead processes should be adapted to cover harassment of staff, ensuring there is a clear route for reporting and recording.

It is worth considering that inspectors and local authorities may increasingly look for a joined‑up approach with both policies and practice that protect both children and adults in your setting.

A simple action plan for childminders and home‑based providers

By mid‑October 2026 it is advisable that you have read the ACAS and government guidance on the new harassment duties. You can then think about updating your written policies to explicitly cover sexual harassment and third‑party harassment in plain English. You should decide and write down what your step‑by‑step response will be if a parent, visitor or other professional harasses your staff. This might include the steps and employee should take to share what has happened, how and what you will record, what steps you will take and when you would end a placement.

If you have a written parent handbook consider adding a short section about expected behaviour towards staff and consequences for harassment. You should also consider adding something to your parental contracts.

Hold a supervision conversation with existing assistants about harassment, using at least two realistic scenarios and record the discussion to evidence all reasonable steps. Add a short section to your induction process for any new employees.

It will be important that you revisit the topic at least once a years, probably through your regular supervision conversations, keeping brief records of training, discussions and any actions taken.

For a small home-based setting, it is important to understand the risks, set clear expectations, make sure that your assistants know how to raise a concern, and keep a brief record of the steps you have taken. Reviewing your arrangements before 30 October 2026 will help you protect your staff, respond confidently if an incident occurs and demonstrate that you have taken all reasonable steps to prevent harassment.

Where to find more help

• ACAS – Employment Rights Act 2025 pages: clear summaries of the harassment changes and what employers must do. – Employment Rights Act 2025 – Acas
• CIPD – Sexual harassment and third‑party harassment guidance: practical checklists and risk‑assessment tools. – UK employment law changes August 2026 | CIPD
• Business.gov.uk – New employment rights: government explainer for small employers. – August 2026 issue of the Employer Bulletin – GOV.UK

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