This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to third‑party harassment at work and legal protection in England and Wales. Explains how harassment by customers, clients or other non‑employees is treated under current law, employer duties to prevent harassment, related Equality Act provisions, and practical steps for employees and employers.
Third‑party harassment at work occurs when an employee or worker is subjected to unwanted conduct related to a protected characteristic by someone who is not an employer or colleague. This can include harassment by customers, clients, service users, patients or visitors. Unlike harassment by colleagues or managers, the legal framework for third‑party harassment is more limited, but there are still key protections and employer responsibilities rooted in equality, health and safety, and evolving legal duties. This article explains how third‑party harassment is understood under current law, what protections apply, employer obligations, time limits, practical steps to address harassment, and common questions about legal recourse.
What Is Third‑Party Harassment?
In the context of workplace law, third‑party harassment means that an employee or worker experiences conduct associated with a protected characteristic - such as age, sex, race, disability, religion or belief, sexual orientation or gender reassignment - from someone outside the employer's organisation. Harassment is defined in the Equality Act 2010 as unwanted conduct related to a protected characteristic that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Examples might include offensive remarks by a customer about an employee's race, repeated sexual harassment of a bar worker by patrons, or demeaning comments from a client about a worker's religion.
Legal Framework: Equality Act 2010
Current Position on Third‑Party Harassment
The Equality Act 2010 originally included a specific provision (section 40) making employers liable if a worker was harassed by third parties such as customers or clients on at least two previous occasions and the employer failed to take reasonably practicable steps to prevent recurrence.
However, this provision was repealed in October 2013 and no longer applies. Under current law, employers cannot be held directly liable in an employment tribunal solely on the basis of third‑party harassment, even where the conduct relates to protected characteristics. This means a standalone claim for third‑party harassment against the employer is generally not available under the Equality Act at present.
Other Legal Routes and Protection for Workers
While the specific third‑party liability provision was removed, discrimination and harassment protections under the Equality Act can still be engaged indirectly in some circumstances:
- An employee may argue that being placed in a situation where they were subjected to third‑party harassment, and the employer's failure to take appropriate action, amounts to unwanted conduct violating their dignity or creating a hostile environment, in breach of general harassment protections.
- An employer's failure to respond to third‑party abuse could be relevant in claims of constructive dismissal where the employee resigns because of a breach of mutual trust and confidence.
- Harassment by third parties of a criminal nature, such as repeated threatening behaviour, may also be addressed through the Protection from Harassment Act 1997 or criminal law.
- Employers remain subject to general duties under health and safety law (such as the Health and Safety at Work etc. Act 1974) to protect the welfare of employees, which can include addressing harassment or abuse by third parties.
Evolving Legal and Regulatory Landscape
New Duties on Preventing Sexual Harassment
From 26 October 2024, employers are required by law to take reasonable steps to prevent sexual harassment in the workplace. This duty is anticipatory - meaning employers must act to prevent harassment before it happens. Government and Equality and Human Rights Commission (EHRC) guidance confirms that this duty extends to sexual harassment committed by third parties such as customers, service users or visitors that occur “in the course of employment”.
This legal change does not give employees a separate tribunal claim for third‑party harassment by itself, but failure to take reasonable steps to prevent sexual harassment - including where it involves third parties - can lead to enforcement action by the EHRC and may influence the outcome of other tribunal claims.
Proposed Future Reforms
Government proposals in the Employment Rights Bill and related consultations have considered reintroducing employer liability for third‑party harassment more broadly, without the pre‑2013 requirement of two prior incidents or control over the third party. If enacted, these reforms aim to hold employers liable where they fail to take all reasonable steps to prevent third‑party harassment across all protected characteristics.
These reforms remain under development and may change the legal landscape once they come into force.
Employer Responsibilities and Best Practice
Even in the absence of specific tribunal liability for third‑party harassment, employers have practical and legal incentives to take third‑party harassment seriously:
Health and Safety and Duty of Care
Employers have a duty to ensure the health, safety and welfare of their employees at work. This includes taking reasonable action to protect workers from harassment, abuse, threatening behaviour or hostile environments arising from third parties.
Equality and Inclusion Policies
Robust anti‑harassment, anti‑bullying and equal opportunities policies should explicitly refer to third‑party conduct. Policies should state that harassment by anyone - whether customers, clients, visitors or contractors - will not be tolerated and set out how incidents should be reported and managed.
Training and Awareness
Employers should provide regular training for managers and staff on identifying, reporting and responding to harassment, including how to support colleagues who experience harassment from third parties.
Reporting and Investigation Procedures
Clear reporting channels and confidential investigation procedures help ensure that incidents of third‑party harassment are addressed promptly. Employers should communicate expectations to third parties where possible, and take steps such as excluding abusive individuals from premises or services when appropriate.
Bringing a Claim: Time Limits and Practical Steps
Time Limits for Tribunal Claims
In general, if an employee believes they have a claim under the Equality Act - for example, a claim that the employer's failure to act on third‑party harassment contributed to a hostile working environment - the claimant must lodge a tribunal claim within three months minus one day from the date of the act complained of. Early engagement with ACAS early conciliation is a mandatory pre‑claim step.
Practical Evidence and Record‑Keeping
Employees should document all incidents, including dates, times, a description of conduct, identities of third parties involved, and any reports made to the employer. Keeping records of the employer's responses and any steps taken can be crucial in establishing whether reasonable steps were made to prevent recurrence.
Common Questions
Can I bring a tribunal claim for harassment solely by a third party?
As of current law, there is no specific statutory route to bring a tribunal claim solely based on third‑party harassment. However, related claims (such as general harassment where the employer's inaction is relevant) may be possible, and new duties on preventing sexual harassment include third‑party conduct.
What should an employer do when third‑party harassment is reported?
Employers should take all reports seriously, follow established procedures, investigate, take appropriate protective measures, support the affected employee, and where possible prevent the third party from continuing abusive behaviour.
Does the Equality Act still protect me against third‑party harassment?
Indirectly. Employers cannot be sued simply because a third party harassed you, but aspects of the Equality Act may still be engaged if the employer's failure to act contributed to a hostile environment or other unlawful conduct.
Summary
Third‑party harassment at work - conduct by customers, clients or other non‑employees linked to a protected characteristic - poses challenges under current UK law. The specific employer liability provision in the Equality Act 2010 was repealed in 2013, so standalone work tribunal claims for third‑party harassment are generally not available. However, related legal protections, including harassment provisions and new duties to prevent sexual harassment, mean employers are expected to take reasonable action to protect workers. Employers have obligations under equality and health and safety law to prevent and respond to third‑party abuse. Effective policies, training, reporting procedures and timely responses to incidents are essential in safeguarding employees and minimising legal risk.
