The Employment Rights Bill contains provisions making employers liable for third party harassment.
Here are eleven steps an employer can take to prevent third-party harassment which you should find useful as a guide:
- Clear Anti-Harassment Policy: Implement and communicate a robust anti-harassment policy that explicitly covers third-party harassment by clients, customers, contractors, or others not employed by the organisation.
- Training for Employees and Managers: Provide training on how to identify, report, and handle third-party harassment. Ensure managers are aware of their responsibility to protect employees from such behaviour.
- Zero-Tolerance Approach: Adopt a zero-tolerance approach towards third-party harassment and make it clear that action will be taken if employees are subjected to inappropriate behaviour.
- Acting on Employee Suggestions: Considering initiatives proposed by employees, and if they are acted on, keep records. In the Aspinalls Club case, the employee had suggested that an employee forum should be set up. The tribunal was critical of the employer for not acting on this recommendation.
- Effective Reporting Mechanisms: Establish easy-to-use, confidential reporting systems for employees to report harassment from third parties without fear of retaliation.
- Monitor High-Risk Situations: Identify situations or roles where employees are more likely to interact with third parties (e.g., customer-facing positions) and ensure increased supervision and support in these areas.
- Contractual Clauses with Third Parties: Where possible, include clauses in contracts with third parties that hold them accountable for any harassing behaviour their employees or clients might engage in.
- Supportive Environment: Foster a supportive workplace culture where employees feel comfortable raising concerns about third-party harassment and are assured their complaints will be taken seriously.
- Swift Investigation and Response: Ensure all reports of third-party harassment are promptly investigated, with appropriate actions taken, including restricting or ending business relationships with offenders.
- Regular Review and Risk Assessments: Periodically review the workplace environment and conduct risk assessments to identify potential for third-party harassment, adjusting preventive measures accordingly.
- Employee Assistance Programmes: Provide access to Employee Assistance Programmes (EAPs) or other support services for employees who may experience harassment from third parties.