Such situations need to be dealt with swiftly, says Jacqui Mann, managing director of HR4Nurseries (www.hr4nurseries.co.uk) 
If you have a problem or issue with a parent and you want them to remove their child from your setting, you need to make sure your terms and conditions allow for this.
But what do you do if the parent, visitor or supplier starts to harass or bully a member of your staff because the relationship has broken down?
Employers are potentially liable for harassment of employees by people who are not employees of the company, such as parents or visitors. They will only be liable when harassment has occurred on at least two previous occasions, and you are aware it has taken place, and have not taken reasonable steps to prevent it from happening again. It's irrelevant whether the third party is the same or a different person on each occasion.
Bullying or harassment can be between two individuals, or it may involve groups of people. It might be persistent, or an isolated incident. It can occur in written communications, by phone or email - not just face-to-face actions.
The difference between bullying and harassment is that harassment is unwanted conduct related to one of the following: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Harassment is unlawful under the Equality Act 2010.
Steps to take
- Make sure your bullying and harassment policy includes third-party harassment.
- Don't wait for an employee to make two complaints about harassment.
- Deal with every incident when it takes place.
- Put up notices about acceptable and unacceptable behaviours.
- Speak to the person who has harassed your worker to tell them their behaviour is not acceptable.
- In some cases, it may be appropriate to stop the person visiting your premises to protect staff.
As part of the 2011 Budget, the Government has said it will consult to remove the 'unworkable' requirement of the Equality Act 2010 for employers to take reasonable steps to prevent harassment of staff by third parties. So watch this space. Meanwhile, you need to have a procedure in place.
Have you reviewed your equal opportunities policies to ensure they comply with the Act?
The last thing you need is to be involved in an employment tribunal claim for any type of discrimination. There is no cap on the amount of compensation an employee could receive. Your nursery can't afford to ignore harassment.
