WORKERS could soon have stronger protection against harassment from abusive customers as a major new law coming in this month challenges the age-old idea that “the customer is always right”.
Under the changes, employers could be held liable where a worker is harassed by a customer, client or other third party in the course of their employment and the employer failed to take all reasonable steps to prevent it.
It could be particularly significant for millions of people who spend their working lives dealing with the public, from shop and supermarket workers to bar staff, waiters, nurses, receptionists and transport workers.
With the changes coming into force this month, workers are being urged to understand what the new protections could mean for them.
Employment law expert Natalie Peacock, of Rogers and Norton, said the changes mean employers cannot simply fall back on the attitude that the “customer is always right” when staff face harassment.
She said: “The duty is extended not only for employers to prevent harassment from other employees but also to prevent third-party harassment from individuals who do not work for the employer, such as clients, visitors and members of the public.
“This will be extremely important for organisations whose employees have regular contact with the public such as hospitality, retail, healthcare and transport sectors.”
For workers, it means harassment from a member of the public should not simply be dismissed as an unfortunate part of having a customer-facing job.
The new protections cover third-party sexual harassment as well as harassment related to relevant protected characteristics under the Equality Act, including age, disability, race, religion or belief, sex and sexual orientation.
And harassment does not necessarily have to happen face-to-face.
The rules can also apply to third-party harassment occurring in person or online, meaning employers may also need to think about the abuse staff can face through digital interactions with customers and clients.
“It will no longer be the case that employers can rely on outdated assumptions that the customer is always right or that the individual’s behaviour falls beyond their control.”
Natalie Peacock, Employment Law Expert, Rogers & Norton
Employees who interact with members of the public should be aware that these changes create a statutory duty for their employers to prevent harassment from the public in the workplace.
Employees will have the right to bring a claim against their employer who fails to meet their legal obligations.
The law does not mean employers can guarantee that no member of the public will ever behave inappropriately.
But it does mean they will need to consider the risks their workers face and what reasonable measures could be taken to protect them.
For staff on the shop floor or dealing directly with the public, that could mean clearer procedures for reporting incidents and more visible warnings that harassment will not be tolerated.
Preventative measures could also include staff training, recording incidents, warning customers about unacceptable behaviour and, where appropriate, introducing additional security measures.
Natalie said: “It is important for employers to ensure they are prepared for these changes. It is no longer sufficient to simply have an anti-harassment policy in place.
“They should consider conducting regular risk assessments to identify situations where and when harassment may occur and creating clear procedures for employees to report third-party harassment, as well as placing clear notices for the public to see that abusive or harassing behaviour will not be tolerated and will be investigated.”
The new third-party harassment protections come into force across England, Wales and Scotland on 30 October 2026.
