Third-party harassment

Employers must obviously protect employees from suffering harassment at the hands of colleagues and managers. But what obligations are there on employers to protect employees from being harassed by customers or other third parties?

Third-party harassment has been unlawful since April 2008 under the Sex Discrimination Act (Amendment) Regulations. And where an individual is repeatedly harassed on the grounds of their gender, irrespective of whether that person is a colleague/ manager or not employed by his or her employer, they may have a claim.

With the new provisions of the Equality Act 2010 coming into force on 1 October 2010, this right not to be harassed by a third party is extended. In particular, harassment by a third party on the grounds of other protected characteristics will be unlawful. These protected characteristics are age, disability, gender reassignment, race, religion/belief and sexual orientation.

However, the employee will need to show that the harassment occurred on at least three occasions and that the employer was aware of the harassment. Although such harassment need not necessarily be at the hands of the same person or on the grounds of the same protected characteristic .

Also, the employer will be able to resist a claim if it can show that it has taken reasonably practicable steps to prevent the harassment occurring — for example, by trying to prevent the harasser from returning to the premises, or putting up a note warning third parties against engaging in harassment.