Prevention of Third-Party Harassment Policy
With effect from 30 October 2026, employers can be held liable for third-party harassment of workers if they fail to take “all reasonable steps” to prevent it. What is meant by “all reasonable steps” will vary from one organisation to another and will depend on the size and sector of the organisation and the type of work carried out by its employees.
Third-party harassment means harassment by someone who does not work for the employer, but who is encountered by the employee in the course of their work. This includes suppliers, customers or clients, freelancers, volunteers and members of the public. Harassment could take place in a work situation, in a social setting, (such as a working lunch) or outside the work environment, e.g. on social media.
This policy sets out the company’s commitment to protect its staff from bullying and harassment by third parties. The policy includes the following sections:
1. Policy Statement
2. Third-Party Harassment
3. Action to Prevent Third-Party Harassment
4. Reporting Third-Party Harassment
5. Training
6. Support and Advice
7. Confidentiality
Prevention of Third-Party Harassment Policy is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.
Frequently Asked Questions
Third-party harassment occurs when an employee is subjected to harassment by someone who is not part of the company workforce, but who is encountered in connection with work. This includes customers, clients, contractors, volunteers, suppliers and members of the public. Harassment is defined as any unwanted conduct that violates a person’s dignity, or creates an intimidating, hostile, degrading, humiliating or offensive environment for them. The behaviour may involve conduct of a sexual nature (sexual harassment), or it could relate to one or more protected characteristics under the Equality Act 2010.
Under the Employment Rights Act, from 30 October 2026, employers could be liable for third-party harassment in the workplace if they fail to take all reasonable steps to prevent it. The meaning of “all reasonable steps” will depend on the organisation, e.g. its size, sector and the type of work carried out by its employees.
Examples of third-party harassment could include a customer making racist remarks to an employee over the phone, a client making unwanted sexual advances during a meeting, or a contractor making physical threats toward employees in a public space. Other examples of third-party harassment could include verbal abuse and intimidation, intrusive questioning, discrimination against minority groups, physical misconduct and more.
Third-party harassment in the workplace is not limited to an employer’s physical premises. It can occur wherever an employee encounters a third party in the course of their employment, including customer or client premises, conferences and work events, in shared public spaces, online or while carrying out other work-related activities.