Wednesday, 11 September 2013

Third Party Harassment Law repealed

Under the Equality Act 2010 an employer can be vicariously liable for harassment by a third party (such as a customer or a contractor) if (a) that third party had harassed an employee on at least two previous occasions; and (b) the employer had failed to take reasonably practicable steps to stop the harassment.

This is now being repealed, with effect from 1st October 2013, under the newly made 
The Enterprise and Regulatory Reform Act 2013 (Commencement No. 3, Transitional Provisions and Savings) Order 2013.  So, no more liability for third-party harassment - the position is now back to that set out by the House of Lords in Pearce v Mayfield School (2003) (see bottom paragraph of summary)

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