Liability for third party harassment

Section 40 of the EA 10 provides a specific remedy protecting workers from harassment by third parties such as suppliers and customers. However, despite campaigning by unions, this section is to be repealed by the Enterprise and Regulatory Reform Act 2013 although the implementation date for this change has not yet been announced.

Section 40 currently provides a claim against the employer where acts of harassment were committed by a third party (such as a customer, supplier or agency worker) on at least three occasions, where the employer knew of the harassment and failed to take “reasonably practicable steps” to prevent it, regardless of whether the harasser was the same person each time, as long as the employer knew of the harassment. Reasonably practical steps include making it clear to suppliers and customers that harassment is not tolerated and taking action when it occurs (EHRC Code).