Third party harassment in the workplace

What is third party harassment? 

Third party harassment can arise in the workplace when a non-worker harasses an employee. Third parties to a business can include customers, clients, suppliers, and members of the public.

Whilst there is no specific legal duty currently in respect of third-party harassment, this has been reintroduced with the Employment Rights Bill and expected to come into force in 2026. 

As a result of this change, employers will have direct liability for any third-party harassment, unless they can show they have taken all reasonable steps to prevent this.

As a matter of best practice employers should of course already be safeguarding staff and promoting a culture that does not encourage or normalise inappropriate behaviour, but as always there will be those who feel their workplace does not need to bother with taking precautions.

It is these employers that will find themselves on the wrong end of a third-party harassment claim if they have not taken all reasonable steps to prevent this. 

Employers may feel that the reintroduction of this provision will become a significant burden on them, however the current absence of protection from third-party harassment has been a significant gap in employment legislation since 2013 when the previous provisions were removed.

Currently employees do not have a direct avenue to pursue a claim if they are subject to third party harassment, however they may have an indirect claim for constructive unfair dismissal if the employers failure to protect them is a fundamental breach of their express or implied employment terms. 

Aside from the legal risk and responsibility, employers of course have a moral obligation to protect their employees.

What should employers be doing? 

In readiness for this change, there are a number of things employers should be doing now to ensure they are taking all reasonable steps to prevent third-party harassment.

1. Risk assessments

As a very minimum employers should be assessing and identifying the risks to employees from third party harassment

The level of assessment will depend on the nature of the business and the types of third-party harassment that an employee is exposed to in their employment.

2. Policies and procedures

Implementing a policy with express reference to third party harassment.

The Policy should include preventative measures and reporting procedures.

Ensure the policy is clearly communicated to all staff.

3. Training

Ensure all staff and managers are trained to understand what third party harassment is and the reporting process.

What should employees be doing?

Staff should feel supported and encouraged to report any third-party harassment.

If employees believe that reporting harassment will result in negative consequences (e.g., job loss, exclusion, or damage to their reputation), they may stay silent, allowing harassment to persist.

The wellbeing of the employee should be priority number 1.

We have prepared a DIY training for employees to include the recent sexual harassment legislation changes extending to third party harassment, available here: https://employment-law-hr-advice.teachable.com/p/sexual-harassment-awareness-and-prevention-training-for-employees-2024

Our team are able to assist with a range of enquiries and HR support. If you would like to discuss matters, please contact us on 01983 897003.