Enterprise and Regulatory Reform Act 2013 Explanatory Notes

Section 65: Equality Act 2010: third party harassment of employees

442.Following a review of current legislation (sections 65 and 66) remove from the Equality Act 2010 measures which are considered to impose an unnecessary burden on business. The Government consulted on the repeal of these provisions.

443.Section 65 removes the provisions in section 40 of the Equality Act 2010 which make an employer liable for repeated instances of harassment of its employees by third parties, such as customers or clients, over whom the employer does not have direct control, where the employer knows about the harassment and does not take reasonable steps to stop it happening again.

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