News

As previously reported, the third party harassment under the Equality Act 2010 (i.e. where an employer can be held vicariously liable for harassment by a third party (such as a customer or a contractor) has been repealed - as of 1st October 2013.

But does this mean that you no longer have to worry about third party harassment?

No!  You still have obligations to your employees

Claims

From 1st October, in circumstances where an employer fails to prevent third party harassment, there are two potential claims which can be lodged under the Equality Act 2010:

• a direct discrimination claim, because the employer failed to act because of a protected characteristic, which results in less favorable treatment of the employee concerned when compared to how others were (or would have been) treated
• a harassment claim, on the basis that the employer's inaction amounts to unwanted conduct related to a protected characteristic that violates the employee's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for the employee.

Employees may also resign and claim constructive dismissal for breach of trust and confidence where they are subjected to third party harassment which the employer ignores. Alternatively, they may call in the police, claiming that a criminal offence has been committed under the Protection from Harassment Act 1997 (this is a course of conduct which the perpetrator knows, or ought to know, amounts to harassment).

So you still need to be aware and take action if your employees are harassed by a third party.