The most under-claimed harassment in Ireland happens across the counter, at the bedside, and on the client call: conduct from customers, patients and clients that workplaces have trained themselves to treat as weather. The law never agreed. Employers answer for third-party harassment they could reasonably have prevented or addressed — and the tolerance culture is the liability, not the defence.
The Legal Architecture
The Employment Equality Acts reach conduct by clients, customers and other business contacts where the employer could reasonably have prevented or addressed it. The logic is control: the employer built the environment, placed you in front of the third party, and holds every meaningful response — warnings, barring, protective measures, managing the risk rather than relocating the worker. The conduct itself is measured by the ordinary definition (what counts); the liability runs through the ordinary employer-duty analysis (employer liability) with the IHREC Code as marking scheme — a functioning policy contemplates third-party risk, and a public-facing business without one has flunked the first question.
The Patterns That Decide These Cases
- The valuable-client problem: the account’s worth becomes the pressure to tolerate — exactly the trade the law refuses to legitimise;
- The wrong thing moved: the worker taken off the account instead of the risk managed — punishing the report, and often victimisation in its own right;
- The folklore defence: “that’s just how he is” — institutional tolerance offered as if it were mitigation, when it is evidence of the failure;
- The unreported spiral: conduct absorbed because “nothing can be done about customers” — the myth this page exists to end: report it, in writing, because the claim is about the response, and the response must be requested to be judged.
Time limits in these cases are short, strict, and depend on your exact circumstances — WRC complaints generally run on months, civil claims on years, and important extensions exist, particularly for survivors of abuse. Never assume you are out of time, and never assume you have time: take advice promptly. Nothing on this page is legal advice for your situation.
Your Moves
Report in writing to your employer; document their response as it happens; keep the record somewhere personal; and map the WRC clock early — third-party claims run on the same short limits as everything else in this field (the limits). If reporting brings punishment, victimisation protection engages separately. And the standing terms apply: every route stays your choice, at your pace — the full practice at harassment claims.
Told to Tolerate the Customer?
That instruction is evidence, not law. One confidential call maps your employer's duty against what they actually did - and your clocks.
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About the Author
Richard O’Shea, Solicitor practises with Mary Molloy Solicitors (established 1981), acting for whistleblowers facing penalisation, workers experiencing harassment, and people pursuing civil claims, throughout Ireland. Richard holds a Diploma in Mediation from the Law Society of Ireland — used in this work only as these cases should use it: as one option among several that always remain the client’s choice. Consultations are confidential. Contact Richard on 01 5827148 or richardoshea@marymolloysolicitors.com.
This article is for general information only and does not constitute legal advice. Every situation is different, and you should obtain advice on your own circumstances before acting. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.