Further equality changes

Third party harassment is where a third party, such as a customer or a supplier to an employer, harasses an employee. It was made unlawful in relation to harassment on the grounds of gender three years ago under the Sex Discrimination Act (Amendment) Regulations 2008.

Under section 40 of the Equality Act 2010 (EA) the provisions were extended to cover all protected groups so claims need not only be predicated on sex but could also be on the basis of harassment relating to race, disability, age and so on.

The protection afforded to workers from third parties is quite limited, in that a claim against the employer would only arise where the harassment occurs on three occasions. It is also the case that the employee needs to show that the employer, having been made aware that the harassment has occurred, failed to take reasonable steps, such as barring the harasser from the employer’s premises, to prevent a recurrence.

The Conservative-led coalition government initially appeared content to allow large parts of the EA to come into force, but substantial elements are now being dismantled.

Protection from third party harassment is one of the latest of these rights that the coalition has indicated it is going to consult about axing.

The fact that this important and limited protection is unexpectedly facing the chop in the government’s headlong rush into deregulation should sound a warning for the remaining provisions.