Health and Safety Law 2024 (October 2024)
The Conservative-led coalition government repealed legislation to protect front-line staff, such as care workers, teachers and nurses, from abuse. It argued, when it repealed section 40 of the EA 2010, that employees could use other legal avenues where employers failed to take reasonable steps to protect them from third party harassment, including section 26 of the Act. However, in May 2018, in Unite the Union v Nailard [2018] EWCA Civ 1203, the Court of Appeal confirmed that employees cannot rely on their employer’s general duty to protect them from harassment under section 26 with regard to third party harassment. (See page 145 on the Worker Protection (Amendment of Equality Act 2010) Bill.)
This information is copyright to the Labour Research Department (LRD) and may not be reproduced
without the permission of the LRD.