Preventing Third-Party Harassment - Employer Responsibilities Under the Employment Rights Bill
- Jennifer Hogan Brown
- Mar 17
- 3 min read

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.
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