From 30 October 2026, an employer can be held liable if a worker is harassed in the course of their employment by a third party, unless the employer can show that it took all reasonable steps (which is a pretty high bar!) to prevent the harassment. Failure to do so may lead a worker, who has been harassed by a customer, client or service user, self-employed contractor or consultant, training provider or other member of the public such as people in a shared space, to bring a claim against their employer. So, what steps should employers be taking to properly protect both their staff and themselves?
Identify the risks
It is important to note that the obligation to protect employees from third-party harassment is not limited to just sexual harassment. It also covers harassment relating to other protected characteristics such as age, race and sexual orientation. A good first step is for employers to identify situations where employees may be subject to harassment while going about their working day and put in place measures to prevent such harassment taking place. Consider what tasks or environments may put employees at risk, for example, employees who have customer-facing roles such as working at a front-desk, serving customers, answering/making calls to clients or customers or visiting clients or customers at their homes or places of work. Consider what types of harassment are most likely, for example, an employee for whom English is a second language may be at risk of harassment when speaking to clients on the telephone or someone who wears an outward symbol of their religion may face harassment in a public-facing setting.
Refresh paperwork and provide training
Once the areas of risk are identified, it is then for the employer to decide what steps it needs to take to prevent harassment taking place. It would be advisable to ensure that up-to-date risk assessments are carried out and that any applicable bullying and harassment policies are reviewed and amended as required or one created specifically to cover third-party harassment. Provide training to staff and management on how an incident of third-party harassment should be dealt with, both in the moment and afterwards. Ensure staff/managers know when to step in and assist a colleague who finds themselves a victim of harassment and that they are equipped with techniques to allow them to quickly extract themselves or a colleague from such a situation. Ensure staff also have training on how to keep themselves safe.
Set boundaries for third parties
Advise staff that the adage “the customer is always right” does not apply in circumstances where that customer’s behaviour amounts to harassment and that the aim is to get the behaviour to stop as quickly and as calmly as possible. While adopting an approach aimed at de-escalation may sometimes feel like the harasser is being allowed to get away with their behaviour, the aim is to keep everyone safe and to avoid additional aggression in the immediate term. The third party can thereafter be advised of the consequences of their actions, for example being barred from entering the premises or contacting the business in the future. To this end, ensure third parties clearly understand what sort of behaviour is unacceptable, for example, by including it in contracts, stating the consequences on signs in public-facing premises, such as shops, or in recorded “hold” information on customer services telephone lines. In addition to considering situations in which harassment may occur, also look at any past incidents or complaints that have been made and specifically address how to avoid a repeat. Consideration should be given to any investigation that was carried out and what can be learned from its findings.
Staff being subjected to third-party harassment may be something that businesses have always sought to avoid, but now, given there is a legal obligation to do so, it is important to set out a clear and effective strategy to minimise the risk. This approach will benefit the company in two major ways: one of course being the prevention of harassment and the second being the reassurance and limitation of liability that comes with knowing that the business has taken the right steps to prevent it.
