At ICENA, we understand that workplace harassment is a serious issue that can significantly affect both employees and employers. While much attention is given to harassment between colleagues, it’s equally important to address harassment from third parties—such as clients, customers, or contractors. This article explores legal obligations around third-party harassment and provides trauma-informed, practical steps to protect your staff.
What is Third Party Harassment?
Harassment refers to unwanted behaviour that violates an individual’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. This can include verbal abuse, discriminatory comments, offensive jokes, unwanted physical contact, or repeated unwelcome attention. The impact on employees can be profound, potentially causing emotional distress, anxiety, or long-term trauma.
Third-party harassment occurs when these behaviours come not from colleagues but from external individuals, such as clients, customers, contractors, or suppliers. Employers are responsible for taking action to prevent harm, even when the perpetrator is outside the organisation.
Understanding third-party harassment is crucial for organisations that operate in customer-facing industries, outsourced environments, or roles involving frequent engagement with external parties.
Examples of Third Party Harassment
Real-world scenarios may include:
- A client repeatedly making sexist comments to a female sales representative during meetings.
- A contractor mocking an employee’s disability while working on a project site.
- A customer sending racially abusive messages to a call-centre employee online.
- A supplier making sexually suggestive remarks to a junior staff member during negotiations.
- A patient in a healthcare setting persistently harassing a nurse based on their sexual orientation.
These examples illustrate how harassment from external sources can affect staff wellbeing and safety.
UK Laws on Third Party Harassment
UK law has evolved to clarify employer responsibilities in protecting staff from third-party harassment. Key legislative milestones define current obligations:
Equality Act 2010 and Protected Characteristics
The Equality Act 2010 consolidated anti-discrimination laws and defines harassment as unwanted conduct related to a protected characteristic that violates an employee’s dignity or creates a hostile environment.
Protected characteristics include:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Employers can be liable for failing to prevent harassment from third parties, even when the perpetrator is not an employee. This legislation remains a cornerstone for understanding workplace harassment law.
Worker Protection Act 2023
The Worker Protection Act 2023 strengthened employer obligations regarding sexual harassment. Key points include:
- Taking proactive steps to prevent sexual harassment from both employees and third parties.
- Providing safe and accessible reporting mechanisms.
- Ensuring investigations are thorough, timely, and sensitive to staff wellbeing.
This legislation recognises that harassment from external sources can cause trauma, and organisations must respond appropriately.
Employment Rights Bill 2024–2026 Updates
Updates to the Employment Rights Bill (ERB) 2024–2026 introduced the “all reasonable steps” requirement, clarifying employer liability:
- Employers must take all reasonable steps to prevent harassment from third parties.
- Failure to demonstrate these steps can result in legal claims.
- Reasonable steps may include policies, training, risk assessments, and contractual clauses with third parties.
These updates emphasise proactive protection and creating a safe environment for employees.
When Are Employers Liable for Third Party Harassment?
Employers can be liable if:
- They knew or should have known about the harassment.
- They failed to take all reasonable steps to prevent it.
The “all reasonable steps” defence requires employers to demonstrate a proactive, trauma-informed approach. Examples include:
- Implementing comprehensive anti-harassment policies.
- Providing regular training for employees and managers.
- Responding promptly and sensitively to complaints.
- Conducting risk assessments when employees engage with third parties.
Demonstrating these steps shows the organisation prioritises staff safety and emotional wellbeing.
How Employers Can Prevent Third Party Harassment & Protect Staff
Prevention is always more effective than remediation. Organisations should take a multi-layered, trauma-informed approach:
Policies and Procedures
- Develop clear, accessible policies that define harassment and explicitly cover third-party interactions.
- Include safe reporting procedures, investigation steps, and potential consequences for perpetrators.
- Regularly review policies and ensure all staff understand them.
Training for Staff and Managers
- Provide training on recognising, reporting, and responding to harassment.
- Include scenarios involving third parties to make training practical and relatable.
- Train managers to respond empathetically and supportively, ensuring staff feel heard and validated.
Contractual Arrangements with Third Parties
- Include clauses in contracts requiring clients, customers, and contractors to adhere to respectful behaviour standards.
- Specify consequences for breaches, such as restricted access to staff or termination of contracts.
- Set expectations clearly before engagement to prevent misunderstandings or harm.
Risk Assessments
- Conduct risk assessments for interactions with third parties, including off-site meetings, events, or client visits.
- Identify potential hazards and implement protective measures.
- Update assessments regularly to reflect evolving business operations and client relationships.
Employer Best Practices
Beyond formal measures, organisations can adopt practical steps to reduce harassment risks and prioritise staff wellbeing:
- Cultural alignment: Avoid partnerships with clients or contractors whose values conflict with your workplace ethics.
- General awareness: Encourage staff to speak up and share experiences of discomfort or harm.
- Create a safe environment: Establish a workplace where employees feel supported, believed, and able to report incidents without fear of retaliation. Respond with sensitivity to potential trauma and provide access to resources.
- Regular review: Monitor complaints and patterns to identify systemic risks and ensure interventions prioritise staff safety and emotional wellbeing.
Creating a trauma-aware culture strengthens employee resilience, engagement, and trust.
FAQs on Third Party Harassment
Q: What is the difference between third-party harassment and bullying?
A: Bullying usually occurs between colleagues and involves repeated mistreatment or intimidation. Third-party harassment comes from external individuals but can have similar emotional impacts on employees.
Q: Does harassment need to happen multiple times for liability?
A: No. A single incident may be sufficient if it creates a hostile environment or violates an employee’s dignity. Repetition is not required for legal liability.
Q: What steps are considered “reasonable” by law?
A: Reasonable steps include policies, training, monitoring, reporting mechanisms, and contractual clauses with third parties. The specifics depend on organisational size, industry, and risk profile.
