New EHRC guidance on preventing third-party harassment
Employers need to think differently about workplace harassment.
It is no longer enough to concentrate solely on inappropriate behaviour between colleagues. Businesses also need to consider the risks posed by customers, clients, contractors, suppliers, visitors and members of the public.
That could have particularly important consequences for employers whose staff regularly deal with people outside their organisation.
What is third-party harassment at work?
Third-party harassment is harassment of an employee by somebody who does not work for their employer.
Depending upon the circumstances, that could involve a:
- customer;
- client;
- contractor;
- supplier;
- visitor;
- service user; or
- member of the public.
Imagine, for example, that an employee regularly attends meetings at a client’s premises. During those meetings, a senior individual at the client repeatedly makes inappropriate comments about the employee’s race, sex or another protected characteristic.
The fact that the individual is a client rather than a colleague does not mean the employer can simply ignore what is happening.
Why should employers be concerned?
The key issue is prevention.
Employers should be thinking proactively about where harassment might occur and what reasonable preventative measures they can put in place.
This is particularly important in sectors including:
- professional services;
- hospitality;
- retail;
- healthcare;
- education;
- property;
- financial services; and
- businesses with employees visiting customer or client premises.
Employers are expected to take measures ranging from alarms and code words in appropriate situations through to avoiding lone working, setting expectations with third parties, updating policies and training staff in de-escalation techniques.
What should employers do now?
Employers should consider five immediate steps.
- Carry out a harassment risk assessment
Identify when, where and how employees come into contact with third parties. - Update your anti-harassment policy
Make it clear that employees can report harassment by clients, customers and other people outside the organisation, not just colleagues. - Train employees and managers
Training should provide practical examples of third-party harassment and explain how employees should respond. - Set expectations with clients and contractors
Depending on the business, this could include contractual provisions, customer notices or other communications making expected standards of behaviour clear. - Take complaints seriously
Employers need a clear process for responding when an employee reports inappropriate third-party conduct. This includes asking the client’s or contractor’s organisation to intervene where appropriate, taking action against perpetrators where possible, supporting affected employees and ensuring that the employee who complained is not disadvantaged as a result.
Don’t wait for an incident
Perhaps the most important message for employers is this: prevention needs to happen before the complaint.
The sensible starting point is therefore to review your harassment risk assessment, policies and training now and identify what further practical measures can reasonably be introduced.
Please contact our Employment Team on 0345 646 0406 or fill in our online enquiry form and will be more than happy to help.