I’ve heard we are liable for claims by staff members for harassment where customers are the ones doing the harassing. Is this true?

Changes in the Equality Act 2010 due to come into force on October 1 this year bring in additional protected characteristics such as sex, race, disability, sexual orientation, religion or belief, gender reassignment and age.

Retailers will be potentially liable if staff are harassed by external suppliers or customers because they are perceived to have any of these characteristics.

Harassment includes unwanted behaviour that is designed to or has the effect of violating someone’s dignity or creates an intimidating, offensive or hostile environment.

Liability arises only if the employee complains to the employer at least twice about harassment by third parties and the employer fails to take reasonable steps to prevent such treatment going forward. And there are several ways employers can minimise risk, explains Nia Cooper from law firm Capital Law.

“Putting in place a defined process for making complaints and clearly explaining this policy to employees is just one way an employer can protect themselves,” she says. “Training staff on how to deal with customers who are offensive or rude and increased signage to the public that such conduct will not be tolerated ensure the risk of formal complaint is minimised.

“Other measures will include having a clear dialogue with third parties and appropriately communicating to them what their obligations are in relation to your staff - this could be built in to your terms and conditions.”