The government has confirmed the intention to relax rules relating to staff harassment by third parties.
At the moment, under the Equality Act 2010, employers have certain responsibilities relating to harassment carried out by third parties such as customers or suppliers. Although not held responsible for the act of harassment itself, the employer is in breach of legislation if it fails to take steps towards preventing third party harassment – or if it fails to act when it has taken place.
A consultation earlier this year recommended removing this provision, which it called "unworkable" as employers have no direct control over how third parties act towards their staff.
A date has not yet been announced for the repeal, but the move is one of a number of measures that will be made through the Enterprise
Business minister Jo Swinson said the bill would help strengthen the business environment and boost confidence by getting rid of "needless bureaucracy".
Opponents of the repeal, however, are concerned that a relaxation in the rules will lead to an increase in harassment cases. They argue that the benefit of the third-party harassment provisions is that they have encouraged best practice among employers and this, in turn, helps to reduce potential incidents of harassment at work.
Dealing with harassment cases in your business can be time-consuming, upsetting and costly. It can lead to staff absence and reduced productivity. The message to all employers is therefore to have a clear policy which is positively enforced. If you would like to discuss this, or any other HR matter, please contact me on 023 8023 4222.
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