Third party harassment and the EHRC Code

The EHRC Code of Practice suggests that depending on the size and resources of an employer, reasonable steps to prevent third party harassment could include:

• having a policy on harassment;

• informing third parties that harassment of employees is unlawful and will not be tolerated, for example by displaying a public notice;

• including a term in contracts with third parties notifying them of the employer’s policy on harassment and requiring them to follow it;

• encouraging employees to report any acts of harassment by third parties to enable the employer to support the employee and take appropriate action; and

• taking action on every complaint of harassment by a third party.

Reps should also remember that under the Health and Safety Act 1974, the employer also owes a general duty to ensure the health and safety of employees and to ensure that their activities do not place anybody in danger. This duty extends to psycho-social risks including bullying and harassment by third parties.