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Third party harassment provisions in Equality Act to be repealed

19 Sep 2013, 13:02 by Priya Bakshi

Labels: barrister, direct-access, employee, employer, harrassment, legal-advice, public-access

Under section 40 of the Equality Act 2010 an employer can be liable if their employees are harassed by third parties where: 

  • The third party harasses the employee in the course of employment; 
  • The employer fails to take such reasonable steps as would have been reasonably practicable to prevent the harassment; and 
  • The employer knew that the employee had been harassed by a third party on at least two other occasions. 

This is now being repealed, with effect from 1 October 2013, under The Enterprise and Regulatory Reform Act 2013. However employers will still have a duty to protect workers. Employees who suffer harassment from third parties will not be left unprotected. Depending on the circumstances of the case, there will be other possible ways to make a claim using the exiting legal framework. Some include:

(1) Equality Act 2010 - the general harassment provisions remain intact.

(2) Protection from Harassment Act 1997 - provides the employee protection from harassment and imposes liability on the third party directly.

(3) Constructive Dismissal - could be argued that the harassment amounts to a fundamental breach of their employment contract entitling them to resign. 

Legal advice can be sought from a barrister through a solicitor, or alternatively directly from a barrister under direct access.

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