Sexual harassment is unacceptable, no matter who it comes from. But what happens when it is not your employee behaving inappropriately, but someone from outside the organisation?
Think customers, clients, patients, suppliers or contractors. Just because someone is a third party does not mean you can ignore the impact of their behaviour. If anything, it makes your responsibility to act even more important.
In this blog, we will explore what third party sexual harassment looks like, why it can be more complex than employee misconduct, and what steps HR can take to build a culture that protects people, not reputations.
What is third party sexual harassment?
Third party harassment happens when someone who is not employed by your organisation behaves in a sexually inappropriate way towards one of your employees. That might be a contractor making unwanted comments, a client sending suggestive messages or a customer repeatedly crossing boundaries.
The key point? Even if the person is not on your payroll, the moral and cultural obligation to deal with it remains. Because the harm caused is just the same.
The legal position is shifting, but you do not need to wait
The Worker Protection (Amendment of Equality Act 2010) Bill aims to introduce this responsibility and make it a legal duty for employers to take reasonable steps to prevent sexual harassment, including by third parties. You can read more about the proposed legislation here.
But while the law catches up, HR can lead. Because creating a safe, respectful working environment is not just a legal obligation, it is the right thing to do.
Why this is often harder to tackle in practice
Let’s be honest. The dynamics are not always simple. When the person causing harm is a senior figure in their industry, or a key client bringing in revenue, it can feel riskier to take action. There may be pressure, spoken or unspoken, to stay quiet or tolerate the behaviour.
Employees can feel powerless. They may be worried about damaging their reputation, losing work, or not being believed. In many cases, the power imbalance is greater when it involves someone external.
That is why HR must send a clear message: employees will be protected, even when the person causing harm is someone with influence or financial leverage.
What third party sexual harassment can look like
- A regular customer making inappropriate jokes or comments to a team member
- A supplier sending suggestive emails after work hours
- A patient touching a health worker without consent
- A contractor flirting with an employee despite being told to stop
- A visiting executive making lewd remarks during a meeting
These behaviours are never acceptable and they are often part of a wider pattern. They can also happen alongside internal misconduct. Harassment is rarely contained to one channel or setting. Left unchecked, it can escalate.
What HR can do now
1. Make it part of your policy
Ensure your dignity at work or harassment policy explicitly includes third party behaviour. Do not leave this to interpretation. Be clear that inappropriate conduct from external parties will be addressed.
2. Train your managers
Managers are often the first to hear about problems. Make sure they know how to spot warning signs, respond with empathy, and escalate concerns appropriately.
Related reading: Empathy-driven leadership: why it matters
3. Support employees who raise concerns
It takes courage to speak up. Do not put the burden of change on the person who has been harmed. Protect their privacy, check in regularly, and communicate the steps you are taking.
4. Act with consistency and integrity
Whether it is a paying client or a one-off visitor, your approach should be the same. Investigate where needed. Set boundaries. Restrict access. In some cases, that might mean ending a relationship with a third party.
Because if you say nothing, you are saying it is okay.
Culture is built on what you tolerate
People remember how their employer responded when they needed protection. What you do in these moments sends a signal to everyone about what kind of culture you have and who is truly safe in it.
Taking action might feel uncomfortable in the short term. But the long-term damage of inaction is much greater. From loss of trust to reputational harm, the cost of silence is high.
And culture is shaped by every decision, not just the easy ones.
Final thought
You do not need to wait for the law to change to act. You can lead with clarity and compassion now. You can tell your employees that no matter where inappropriate behaviour comes from, it will be addressed.
Because at the end of the day, every person deserves to feel respected at work, whether they are dealing with a colleague, a customer or a client.
And it is HR’s role to make that a reality.
At Tell Jane, we can support your organisation in conducting fair and impartial workplace investigations through training in-house investigations or carrying out investigations on your behalf.
Email us today at hello@telljane.co.uk to find out more.
