Preventing Third-Party Harassment - Employer Responsibilities Under the Employment Rights Bill

The Employment Rights Bill introduces new provisions making employers liable for third-party harassment in the workplace. If an employee experiences harassment from a customer, client, contractor, or other third party, the employer could be held responsible if adequate preventive measures are not in place.

To comply with the law and create a safer work environment, employers should take a structured approach to preventing third-party harassment. Below is a step-by-step guide to implementing an effective strategy.

Step 1 - Establish a Clear Anti-Harassment Policy

The first step is to develop and communicate a robust anti-harassment policy that explicitly covers third-party harassment. This policy should:

• Define what constitutes harassment.

• Set clear expectations for employee and third-party conduct.

• Outline the reporting and response process.

• Emphasise the employer’s commitment to protecting employees.

Step 2 - Include Third-Party Protection in Contracts

Employers should incorporate anti-harassment provisions into contracts with suppliers, clients, and other third parties. These clauses should:

• Hold third parties accountable for their behaviour.

• Outline consequences for harassment, including potential termination of contracts.

• Reinforce expectations of professional conduct.

Step 3 - Train Employees and Managers

Employees and managers must be trained to recognise, prevent, and respond to third-party harassment. Training should cover:

• How to identify inappropriate behaviour.

• Steps for safely addressing harassment in real time.

• The process for reporting incidents.

• Managerial responsibilities in handling complaints.

Step 4 - Implement Effective Reporting Mechanisms

A confidential, user-friendly reporting system should be put in place to allow employees to report harassment without fear of retaliation. Employers should:

• Offer multiple reporting channels (e.g., online, HR, anonymous helplines).

• Ensure complaints are taken seriously and handled swiftly.

• Regularly review reporting processes for effectiveness.

Step 5 - Create a Supportive Workplace Culture

Employees should feel comfortable raising concerns about harassment. Employers can foster a supportive environment by:

• Encouraging open dialogue about workplace safety.

• Ensuring leadership sets a strong example in preventing harassment.

• Regularly checking in with employees in high-risk roles.

Step 6 - Monitor High-Risk Situations

Certain roles, particularly those involving direct interaction with the public, may expose employees to a higher risk of harassment. Employers should:

• Identify high-risk positions and locations.

• Increase supervision in vulnerable areas.

• Rotate staff in high-exposure roles to minimise risk.

Step 7 - Take Swift Action on Complaints

If harassment occurs, employers must investigate and respond promptly. This includes:

• Conducting thorough, impartial investigations.

• Taking immediate steps to protect the affected employee.

• Restricting or terminating relationships with third parties who engage in harassment.

Step 8 - Regularly Review and Update Policies

Workplace risks evolve over time, so policies and procedures should be periodically reviewed and updated. Employers should:

• Conduct risk assessments to identify potential vulnerabilities.

• Update policies to reflect new challenges and best practices.

• Seek employee feedback to ensure measures remain effective.

Step 9 - Provide Employee Support Services

Even with preventive measures, harassment can still occur. Employers should offer support services such as:

• Employee Assistance Programmes (EAPs).

• Counselling and mental health resources.

• Additional workplace accommodations if needed.

Final Thoughts

With the Employment Rights Bill increasing employer liability for third-party harassment, businesses must take proactive steps to prevent, address, and mitigate risks. Implementing these nine steps will not only ensure compliance but also foster a safer, more supportive workplace.

If your organisation needs guidance on strengthening policies or handling harassment complaints, Eddison-Cogan Lawyers is here to help. Contact us today to discuss how we can support your business.