C1Part 5Work
Annotations:
Modifications etc. (not altering text)
Chapter 1Employment, etc.
Employees
40Employees and applicants: harassment
1
An employer (A) must not, in relation to employment by A, harass a person (B)—
a
who is an employee of A's;
b
who has applied to A for employment.
2
The circumstances in which A is to be treated as harassing B under subsection (1) include those where—
a
a third party harasses B in the course of B's employment, and
b
A failed to take such steps as would have been reasonably practicable to prevent the third party from doing so.
3
Subsection (2) does not apply unless A knows that B has been harassed in the course of B's employment on at least two other occasions by a third party; and it does not matter whether the third party is the same or a different person on each occasion.
4
A third party is a person other than—
a
A, or
b
an employee of A's.
Pt. 5 applied (1.8.2011) by the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011 (S.I. 2011/1771), regs. 3-5