The Employment Rights Bill introduces substantial changes to harassment laws, including making employers liable if their employees are harassed by third parties during the course of employment.
Employers will be liable unless they can demonstrate that they took all reasonable steps to prevent the harassment. What constitutes “all reasonable steps” is not yet defined.
Although most of the reforms set out in the Bill are not anticipated to take effect until 2026, these are the steps we suggest employers start taking now to comply with the upcoming duty to prevent third-party harassment by clients, customers, contractors, or others not employed by the organisation:
- Implement and communicate a clear Anti-Harassment Policy.
- Provide training for Employees and Managers on how to identify, report and deal with all forms of harassment.
- Adopt a zero-tolerance approach towards all forms of harassment and make it clear that action will be take if employees are subjected to inappropriate behaviour.
- Put in place effective and confidential reporting procedures for employees to report harassment without fear of retaliation.
- Ensure all reports of harassment are promptly investigated, with appropriate action taken, including restricting/ending business relationships with third-party offenders.
- Undertake risk assessments and monitor high-risk situations where employees are more likely to interact with third parties and ensure increased support in these areas, such as customer facing roles.
- Where possible, include clauses in contracts with third parties that hold them accountable for harassment.
- Act on employee suggestions and initiatives and keep records of steps taken.
- Provide access to Employee Assistance Programmes (EAPs) or other support services for employees who may suffer harassment.
- Foster a supportive workplace culture where employees feel comfortable raising concerns and are assured their complaints will be taken seriously.
For more information, please contact our Employment Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.