C3C2C1 Part 5Work

Annotations:
Modifications etc. (not altering text)
C3

Pt. 5 excluded by 2005 c. 4, s. 63(4) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 10(3); S.I. 2013/1725, art. 2(g))

C2

Pt. 5 excluded by 2005 c. 4, s. 27(5A)(b) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 9; S.I. 2013/1725, art. 2(g))

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.