A provision in the Equality Act 2010 was repealed on 1st October 2013 as part of the governments so-called red tape challenge. The provision had made employers responsible for a third partys harassment of their employees e.g. clients, advisers or suppliers, if such harassment by a third party had occurred at least twice before. The Government believes there was no evidence to suggest the old regime served any practical purpose, nor was it an appropriate or proportionate way to deal with the type of conduct that it was originally intended to cover.
Peter Stanway, our BackupHR™ legal expert comments:
Despite the repeal it may still be possible in some circumstances to hold an employer responsible. This is because they may still be liable for the acts of a third party if they take no action when the unwanted conduct which violated the employees dignity is related to a protected characteristic i.e. a characteristic such as sex or race.
We would still recommend that you make sure that third party harassment does not happen, as part of your general duty of care to employees regarding their health, safety and welfare.
For a free initial chat, please call 01480 677980 and we will be happy to discuss any questions that you may have.
The guidance provided in this article is just that – guidance. Before taking any action make sure that you know what you are doing, or call us for specific advice.
