Tackling Third-Party Harassment in the Charity, Not-for-Profit, and Education Sectors

The landscape of workplace harassment law in England and Wales has seen significant developments, most recently with legislative changes, introduced on 26 October. These changes address a critical issue for organisations in the charity, not-for-profit, and education sectors: third-party harassment.

As charity trustees and executive leadership teams, understanding your responsibilities is vital. This article explores the implications of these changes, outlines practical steps to ensure compliance, and provides guidance on fostering a safe and inclusive workplace.

Understanding Third-Party Harassment

Third-party harassment occurs when employees are subjected to unwanted conduct by individuals who are not their colleagues or employers, that has the purpose or effect (regardless of intent/non-intent) of creating a hostile, degrading, humiliating or offensive environment to the employee. Third parties could include service users, clients, students, donors, or volunteers. Such conduct may target protected characteristics of employees under the Equality Act 2010 – such as race, gender, gender re-assignment, sexual orientation, age, disability, or religion and belief – or involve sexual harassment, which is conduct of a sexual nature, ranging from unwanted sexual advances to inappropriate touching to innuendo.

Under the updated legislation, the Labour Government has reintroduced provisions requiring employers to take reasonable steps to prevent third-party harassment. This duty had previously been removed in 2013. Its reinstatement reflects a commitment to strengthening protections for employees, particularly in sectors like yours, where third-party interactions are frequent.

The New Legal Framework

The legislative changes introduce two critical components:

1. Duty to take reasonable steps

Employers now have a statutory duty to take all reasonable steps to prevent harassment by third parties. This extends beyond reactive grievance handling and places a proactive obligation on organisations to mitigate risks of harassment occurring.

2. Compensation uplift

Failure to comply with this duty could lead to an employment tribunal finding the employer culpable and an uplift in compensation payable to the employee by the employer or any of its staff, trustees and executive leadership teams (individually) of up to 25%. This serves as a stark reminder of the financial, personal liability and reputational risks associated with non-compliance.

Proposed extension of the duty

In addition to these changes, the Labour Government has announced its intention to further extend the reasonable steps duty in the Employment Rights Bill. This proposed legislation would require all organisations to take all reasonable steps to prevent harassment – not just mitigate risks. This ramping up of the reasonable steps duty of prevention would demand a more proactive, holistic approach to workplace culture and external interactions.

Practical steps for charity and education leaders

To meet these obligations, board trustees and leadership teams must prioritise robust anti-harassment measures. Below are practical steps tailored to these sectors:

1. Policy review and development

• Update workplace policies: Ensure your harassment policies explicitly cover third-party harassment and include clear reporting mechanisms
• Sector-specific considerations: Address unique challenges in your sector, such as interactions with vulnerable service users or high-profile donors and risks of harassment. Are certain kinds of third parties more likely than not to engage in unwanted harassment towards your staff in the future, because of past interactions?

2. Training and awareness

• Comprehensive training: Regularly train all staff, volunteers, and trustees on recognising, preventing, and addressing harassment. Include modules on third-party harassment and bystander intervention. When was your last anti-harassment training rolled out? 2+ years ago? Its already out of date
• Leadership responsibility: Equip senior leaders with the skills to lead by example and respond effectively to complaints.

3. Grievance handling

• Clear reporting channels: Establish multiple, accessible channels for reporting harassment. Line managers may not necessarily be the right people to go to when an employee raises a harassment grievance complaint. Ensure these are well-publicised and trusted by staff
• Impartial investigations: Appoint trained investigators to handle grievances, ensuring impartiality and thoroughness
• Anonymity and confidentiality: Recognise the sensitivity of harassment complaints. Provide options for anonymity, where feasible and maintain strict confidentiality.

4. Risk assessments and prevention

• Risk assessments: Conduct regular assessments to identify potential harassment risks associated with third-party interactions. Pay particular attention to high-risk environments, such as fundraising events or public-facing roles, such as teachers standing outside school or college premises where they may come into contact with abusive parents
• Preventative measures: Implement measures to minimise risks, such as staffing adjustments, security enhancements, or behaviour agreements with third parties. Education settings should be robust and intolerant of harassment by third parties such as parents, due to safeguarding obligations and therefore should be ready to convene governing bodies to implement barring orders, preventing access to premises and land.

5. Workplace culture

• Promote inclusivity: Foster a culture of respect and inclusion. This reduces the likelihood of harassment and encourages staff to speak up if issues arise.
• Leadership buy-in: Secure commitment from trustees and executives to prioritise anti-harassment efforts.

Practical challenges and considerations

Anonymity in complaints

Balancing anonymity with procedural fairness is a complex issue. While anonymity may encourage reporting, it can hinder the accused’s ability to respond to allegations. Consider using anonymised summaries or independent investigators to protect confidentiality without compromising due process.

Sector-specific challenges

Organisations in the charity and education sectors often face unique hurdles:

• Charity sector: Donor dynamics can complicate matters. A robust code of conduct for donors can clarify behavioural expectations
• Education sector: Safeguarding concerns may intersect with harassment issues, necessitating a safeguarding centric approach.

Resource constraints

Many organisations in these sectors operate under tight budgets. While implementing these measures may require upfront investment, the long-term benefits in staff well-being, retention in a difficult recruitment climate, legal compliance, and reputation outweigh the costs.

Looking ahead: Preparing for legislative changes

The proposed extension of the reasonable steps duty underscores the need for ongoing vigilance. To stay ahead, organisations should:

• Regularly review and update policies
• Monitor and evaluate the effectiveness of anti-harassment measures
• Stay informed about legislative developments and adapt practices accordingly.

Conclusion

The Labour Government’s reinstatement and proposed expansion of the duty to prevent third-party harassment mark a turning point in workplace harassment law. For charity, not-for-profit, and education organisations, these changes present an opportunity to lead by example in fostering safe, inclusive environments for staff.

By taking proactive steps—updating policies, providing training, and prioritising prevention—you can not only meet your legal obligations but also demonstrate your commitment to staff well-being and organisational integrity. As trustees and leaders, the responsibility lies with you to set the tone for a workplace where everyone feels respected and valued.

Investing in these efforts now will only auger well to protect your organisation from legal and financial risks. This makes sound sense, not least because you want to avoid personal liability and reputation damage.

If you would like legal advice and support with any of these issues, please do not hesitate to reach out to me nick.hobden@ts-p.co.uk or 07551005449.