‘Three strikes and out’ is out — third-party harassment protection to be removed
The much-maligned Equality Act provision making employers potentially liable for harassment of employees by third parties — provided the harassment had occurred on two previous occasions and they knew about it — will disappear on 1 October. (Proceedings that relate to a contravention prior to that date will be allowed to continue/be lodged after that date as the case may be.)
Depending on the facts, employees may still be able to argue that an employer’s failure to act in response to third-party harassment amounts in itself to harassment or discrimination within the scope of the other Equality Act definitions…
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