Most parent relationships in a nursery are warm, and plenty last for years. Almost every setting also has a story about the other kind. The father who makes comments to the youngest apprentice at pick-up. The mother who mimics a practitioner’s accent in front of other parents. The late-night message about a member of staff’s headscarf in the parents’ WhatsApp group.
Until now, many managers have dealt with these moments by being as tactful as possible and hoping they stop. From 30 October 2026 the law expects more than that.
What changes on 30 October
Two parts of the Employment Rights Act 2025 come into force on that date.
The first strengthens a duty employers have had since October 2024. You were already required to take reasonable steps to prevent sexual harassment of your staff, including harassment by people outside the organisation. The wording now becomes all reasonable steps. It is a small change in wording but a higher standard. A tribunal will ask whether there was anything else you could reasonably have done.
The second makes employers liable when their staff are harassed by third parties, such as parents, carers, visitors or contractors, in connection with a protected characteristic. That covers race, religion, disability, sex, sexual orientation, gender reassignment and age. The defence is the same: showing that you took all reasonable steps to prevent it.
Separately, since 1 October the time limit for most employment tribunal claims has doubled from three months to six. Staff now have longer to bring a claim after an incident.
What it doesn’t cover
This point matters, because managers can overcorrect. A parent who is rude about a late invoice or cross about a lost sock is not committing harassment in the legal sense, however unpleasant it feels. Third-party harassment is conduct related to one of the protected characteristics, or conduct of a sexual nature, that violates someone’s dignity or creates a hostile environment for them.
Ordinary rudeness is still your problem, though, for a different reason. Aggressive or hostile behaviour from parents belongs in your stress risk assessment, and your duty of care to staff applies whether or not the Equality Act is involved.
What “all reasonable steps” looks like in a nursery
There’s no fixed checklist, and what is reasonable depends on the size of your setting. For most nurseries the following would go a long way:
- A parent code of conduct that is part of your terms and conditions and is mentioned at the first visit, before there is any problem.
- A simple way for staff to report an incident, including one by a parent they have to see every day.
- Managers who act. Step in at the door, follow up in writing, and in serious cases change the pick-up arrangements.
- Online behaviour included. Comments about staff in parent groups and public reviews are part of the picture.
- Staff events covered too. The duty covers harassment between colleagues, and the Christmas night out falls within it.
- Training and records. A tribunal will want evidence that staff know the policy and that incidents were dealt with.
Much of the prevention happens long before anything goes wrong. Families who have been told clearly how the setting works, and who feel respected, rarely turn on the people caring for their child. Our Building Partnerships with Parents course covers how that relationship is set up from the first contact, and how to keep it on track when it gets difficult.
The legal side depends on staff understanding the protected characteristics and what counts as discrimination or harassment. The Equality and Diversity (Level 2) course covers the Equality Act 2010 in a nursery context. It is also good evidence that you have trained your team, which is one of the first things a tribunal looks for.
Make sure every member of staff knows what the Equality Act means in practice.
Equality and Diversity (Level 2) covers the Equality Act 2010, the nine protected characteristics and inclusive practice in early years, with an NFAQ-accredited certificate for your records.
If a parent’s behaviour has been worrying you for a while, deal with it before the end of October. Have a calm conversation now, and put the outcome in writing. Waiting until after the new duties apply puts both your staff and the setting in a weaker position.
This article was published in October 2026. Commencement dates for the Employment Rights Act 2025 are set by government and can change, so check GOV.UK for the current position. It is not legal advice.