How To Identify, Prevent, And Respond To Third Party Harassment In The Workplace

Third-party harassment in the workplace refers to harassment that is directed towards an employee by a person who is not a co-worker or supervisor. This can include harassment by clients, customers, vendors, or other individuals whom the organisation does not employ.

It can happen face to face, over the phone, by email or online, and it is a known risk in customer-facing work such as retail, hospitality, healthcare, education and community services.

Third Party Harassment Examples

Common examples of third party harassment in the workplace include:

• Retail and hospitality: a customer who yells at, threatens or makes sexual comments to staff.
• Healthcare and aged care: a patient, resident or family member who touches or verbally abuses a worker.
• Education: a parent who repeatedly sends abusive emails to a teacher.
• Shared sites: a contractor or supplier’s worker who makes offensive remarks to your staff.
• Online: a client who harasses a worker through social media or messaging apps.

Identifying Third-Party Harassment

It is important to be able to identify third-party harassment so that steps can be taken to address it. Some common signs of third-party harassment include:

• Verbal abuse or insults
• Threats or intimidation
• Bullying or aggressive behaviour
• Discriminatory or biased behaviour
• Harassment based on an employee’s protected characteristics, such as race, religion, gender or sexual orientation

Third-party harassment can be a single serious incident or a pattern of behaviour. Either way, it can degrade, humiliate or undermine the employee and should be dealt with.

What Australian Law Says About Third Party Harassment

• Work health and safety laws: a person conducting a business or undertaking (PCBU) must manage the risk of harassment from third parties such as customers, clients and patients. Other people at a workplace must also take reasonable care not to harm workers, and the risk must still be managed even where the person behaving badly may not be legally culpable.
• The positive duty: under the Sex Discrimination Act, employers must take reasonable and proportionate measures to eliminate sexual harassment, sex-based harassment and hostile work environments as far as possible. The Australian Human Rights Commission’s guidelines say this extends to that conduct by third parties towards workers.
• Codes of practice: Safe Work Australia’s model Codes of Practice on sexual and gender-based harassment and on managing psychosocial hazards explain how to manage these risks. Check which codes your state or territory has adopted.

Preventing Third-Party Harassment

Preventing third-party harassment in the workplace is the employer’s responsibility, but employees can also play a role in preventing it. Employers should have clear policies in place that define what constitutes third-party harassment and provide a mechanism for reporting and addressing it. They should also conduct regular training for employees to raise awareness about the issue and provide guidance on how to prevent it.

Practical measures for employers include:

• Assess the risk: identify tasks with higher exposure, such as working alone, handling complaints or visiting clients’ homes.
• Design the work safely: change layouts, staffing, opening hours or service channels where needed, because policies and training alone are not reliable controls.
• Set expectations for visitors: use signage and conditions of entry that state how customers and clients must behave.
• Use contracts: require clients and suppliers to follow your respectful behaviour policy.
• Be ready to refuse service: make clear that staff can stop serving a person who harasses them.

Employees can take steps to protect themselves from third-party harassment. These steps include:

• Communicating boundaries assertively and professionally with clients or customers
• Refusing to tolerate or participate in any behaviour that constitutes harassment
• Reporting any third-party harassment to the appropriate person or department, such as a supervisor, manager, or HR representative

Responding to Third Party Harassment

If a third party is harassing an employee, it’s important to take steps to address it as soon as possible. The first step is to report the behaviour to the appropriate person or department, such as a supervisor, HR representative, or manager.

Employers should take all reports of third-party harassment seriously and take prompt action to investigate the situation and take appropriate measures to address it. This can include removing the employee from the situation, increasing security, or ending the business relationship with the third party. The employer also must provide support and protection to the employee and take measures to prevent the reoccurrence of similar incidents.

A simple response process:

1. Make the worker safe: remove them from the situation and get help if anyone is at risk.
2. Record what happened: who, what, when, where and any witnesses, as soon as possible.
3. Act on the third party: warn, refuse service, restrict access or end the business relationship.
4. Support the worker: check in, offer EAP or other support, and adjust their duties if needed.
5. Review your controls: look at why it happened and what would stop it happening again.

It’s important to remember that third-party harassment can have serious consequences for the employee and the organisation. By identifying, preventing, and responding to third-party harassment, we can create a safe and healthy work environment for all employees.

If you are looking for a way to educate your workforce and make your workplace a safer place, contact Sentrient for a free demo today.

Frequently Asked Questions

1. Is an employer responsible for harassment by customers?

Yes. Under WHS laws, employers must manage the risk of harassment from customers, clients and other third parties, and the positive duty in the Sex Discrimination Act extends to sexual harassment of workers by third parties.

2. Can a business refuse to serve a customer who harasses staff?

Yes. The Australian Human Rights Commission’s guidelines give refusing service to a customer who engages in sexual harassment as an example of a reasonable measure. Make the rule clear in your signage and policies so staff feel able to use it.

3. What should an employee do if a customer harasses them?

Move away from the person if you can, tell your supervisor or manager straight away, and write down what happened while it is fresh. Your employer should act on the report and support you.

4. Does third party harassment have to be repeated?

No. A single serious incident, such as a threat or unwanted touching, can be harassment. Repeated lower-level behaviour can also create a risk to health and safety.

Sources

Safe Work Australia, Sexual and gender-based harassment: overview

Safe Work Australia, Model Code of Practice: Sexual and gender-based harassment (December 2023)

Safe Work Australia, Model Code of Practice: Managing psychosocial hazards at work

Australian Human Rights Commission, Guidelines for Complying with the Positive Duty (2023)

Last reviewed: October 2026

Read More About Third Party Harassment:

• What Is Verbal Abuse In The Workplace?
• What Should A Sexual Harassment Victim Do?
• What Are Examples Of Personal Harassment In The Workplace
• What Are Examples Of Age-Based Harassment In The Workplace
• How To Deal With Racial Discrimination In The Workplace