The Equality Act 2010’s three-strikes rule — it’s out

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In 1996, De Vere hotels were held liable for the offence caused to two black waitresses by a third-party performer’s sexist and racist jokes at a hotel function.

The Equality Act 2010’s ‘three-strikes’ rule expressly outlawed such ‘third-party harassment’: employers were liable if they knew that, in the course of employment, employees had been harassed by a third party on at least two other occasions but the employer failed to take steps to prevent it.

From 1 October 2013, the ‘three-strikes’ rule will disappear…

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