The Government has begun a consultation in relation to a proposal to remove provisions in the Equality Act 2010 which can cause employers to be liable for harassment of their staff by third parties (for example, customers or clients).
An employer is potentially liable for the harassment of its staff by third parties in circumstances where it was aware that an employee had been harassed at work by a third party on at least two other occasions and failed to take reasonable steps to prevent the harassment.
Unsurprisingly, these provisions were among the most controversial of those introduced by the Equality Act 2010. The Government seems to have taken the view that this requirement should be abandoned because of the burden it imposes on businesses and because of the lack of control that employers often have over third parties.
However, even if these provisions are ultimately repealed, employers should still be aware that employees may bring other claims against their employer arising out of third party harassment – such as a constructive dismissal or a personal injury claim.
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