The introduction of third party harassment under the Equality Act 2010 (‘the Act’) was met with much controversy. Under the Act employers are liable for third party harassment where:
• the third party had previously harassed the employee on two occasions; and
• the employer had failed to take reasonably practicable steps to prevent the harassment.
These provisions are being repealed with effect from 1 October 2013.
Although the legislation is being repealed it is questionable what impact the change will have on the number of claims. Employees may still bring claims for third party harassment under the general harassment provisions under the Equality Act 2010 or under the Protection from Harassment Act 1997.