Third party harassment

Despite union campaigning, section 40, EA 10, which provided a specific remedy protecting workers from harassment by third parties such as suppliers and customers, was repealed on 1 October 2013.

Section 40, EA 10 provided a claim against the employer for acts of harassment by someone beyond the employer’s control (a third party), where the harassment happened at least three times, if the employer knew about it and failed to take reasonable steps to prevent it.

Unions and the TUC continue to campaign for this politically motivated change to be reversed. Most recently, in its 2018 Sex Discrimination Law Review, the Fawcett Society calls for a modified version of section 40, requiring just one previous incident of harassment to trigger employer liability.