What happens when your client is the problem?
Consider this scenario.
A junior employee regularly attends meetings with an important client. A senior person at the client begins making sexual comments towards them. The employee eventually tells their manager. The manager replies:
“Unfortunately, that’s just what he’s like. He’s our biggest client, so try not to take it personally.”
That response should now set alarm bells ringing.
Harassment does not have to come from another employee
One of the important issues for employers is recognising that unacceptable workplace behaviour may come from outside the organisation.
Customers, clients, contractors, suppliers and visitors can all potentially pose risks to employees.
We would strongly recommend that businesses assess risks coming from these groups and set clear expectations about acceptable behaviour.
What if it is an important client?
This is where things can become commercially uncomfortable.
Businesses naturally want to protect important customer relationships.
But allowing revenue to take priority over employee protection can create significant legal and HR risks.
Employers need a plan for situations in which a client crosses the line.
Depending upon the circumstances, options might include:
- raising the matter with the individual;
- escalating the concern within the client’s organisation;
- requiring somebody else to deal with the employee;
- changing working arrangements;
- restricting the person’s access to employees; or
- ultimately reconsidering the business relationship.
The appropriate response will depend on the seriousness and circumstances of the conduct.
Be careful about moving the employee
There is another trap.
Imagine the employer solves the problem by removing the employee from a major client account.
Has that protected the employee?
Possibly.
But what if the result is that they lose valuable work, commission, career opportunities or status?
The employer may simply have transferred the consequences of the client’s behaviour onto the victim.
Employers should avoid penalising the affected employee when changing arrangements to keep them away from a harasser.
Prevention is better than cure
Businesses should consider these scenarios before they happen.
Ask:
- Could our employees face inappropriate behaviour from clients?
- Do they know they can report it?
- Do managers know what to do?
- Would commercial pressure discourage someone from speaking up?
- What safeguards could we introduce now?
Those questions should form part of the employer’s wider harassment risk assessment.
Please contact our Employment Team on 0345 646 0406 or fill in our online enquiry form and will be more than happy to help.