"Red tape" harassment repeal

Employers’ section 40 requirement to safeguard employees against harassment from clients and customers has been abolished.

Under s 40 of the Equality Act 2010, an employer was liable for harassment of its employees by third parties, such as customers on the shop floor, over whom the employer had no direct control. The liability was triggered where the harassment took place in the course of the employee’s work, the employee had been harassed at least twice before, and the employer knew about it and had not taken reasonable steps to prevent a recurrence.

Section 40 was repealed on 1 October. 

Tom Walker, employment law partner at Manches, says: “The repeal is probably a realistic, practical move in that the vast majority of employees will continue to be protected from harassment by the Equality Act, if they have a protected characteristic. However, it’s always a shame to see some well-principled, perhaps idealistic, piece of legislation being curtailed.”

Walker said the probable reasons for the repeal were that the provisions went further than the relevant Directive required, and it fitted the political climate of cutting “red tape”