The Retailer Winter Edition 2023

WI NT ER 202 3

1 9

• Publishing notices in stores or having pre-recorded messages for calls remind ing customers that staff should be treated with respect; and • Including provisions in supplier agree ments requiring suppliers to ensure their staff do not discriminate against employees. Wewill need to await case lawon the steps that would be necessary to persuade a Tribunal that an employer has taken all reasonable steps to prevent third party harassment. However, the above steps would be in line with the Equality and Human Rights Commission’s guidance on the repealed provisions, so are a good start.

Third party harassment is more difficult because retailers do not have control over customers and suppliers in the way they do with employees. It would therefore be advisable to review the touch points between employees and third parties and consider some of the following: • Updating Equality and/or Bullying and Harassment policies so employees know they should report incidents of harassment by third parties as well as by colleagues; • Introducing or reviewing customer barring policies to ensure that cus tomers who have abused staff are not allowed into stores (although the risk of discrimination claims being made by barred customers would need to be considered);

Christina Tolvas-Vincent christina.tolvas-vincent@wbd-uk.com 02380 208 210 womblebonddickinson.com/uk

Dan Fawcett dan.fawcett@wbd-uk.com 02380 208 238 womblebonddickinson.com/uk

creates significant risk for retailers.” ‘‘

Given the substantial numbers of customers and other third parties retail staff will interact with on a daily basis this