Third-party harassment: what employers need to do to protect their staff
Employers need to pay increasing attention to the risks their employees face from people outside their organisation, particularly in roles involving regular contact with customers, patients, clients and members of the public. Changes to the Equality Act 2010 are set to strengthen employers’ responsibilities in this area. From 30 October, organisations will be expected to take reasonable steps to prevent workers from being harassed by third parties.
A useful starting point is a workplace risk assessment focused specifically on contact with third parties. Employers should consider which roles involve interaction with customers, patients, suppliers, contractors, visitors or members of the public and examine the circumstances in which inappropriate behaviour is most likely to occur.
Previous complaints and incident records can provide useful evidence. Employers may also want to speak directly to employees, particularly those in frontline roles, about situations in which they feel vulnerable or unsupported. The objective should be to identify foreseeable risks before they develop into more serious problems.
Organisations should make it clear that harassment, discrimination and abuse directed at employees will not be accepted. Depending on the workplace, expectations can be communicated through customer policies, contracts, appointment information, websites, signage or notices displayed at the premises.
Employers should also decide what will happen when those standards are breached. Possible responses might include ending a telephone conversation, asking someone to leave the premises, escalating an incident to a manager or security team, or reconsidering a commercial relationship.
Staff should understand what constitutes unacceptable behaviour, what they can do when it happens and who will support them afterwards. Training can help employees recognise harassment and respond appropriately. Importantly, organisations should make it clear that protecting staff can take priority over satisfying an abusive customer or client.
Where appropriate, employees could be authorised to end abusive calls, remove themselves from confrontational situations or immediately seek assistance without fearing that they will be criticised for doing so.
Managers also need training so that reports are handled consistently and employees are not left feeling that maintaining a customer relationship is more important than their safety.
Employers should record incidents, investigate them appropriately and explain to affected employees what action has been taken where possible. Employers that understand where the risks exist, establish clear behavioural expectations, provide effective reporting routes and support employees when incidents occur will be better placed to create safer workplaces and meet their legal responsibilities.
Should you have concerns about being prepared for these changes, contact 121 HR Solutions at enquiries@121hrsolutions.co.uk.

