From 1 October 2013 the third party harassment provisions which were found in s40 of the Equality Act 2010 have been repeald. Transitional provisions mean that they will still apply to acts which occurred prior to 1 October.
The third party harassment provisions have been repealed as part of the Government’s “red tape” challenge, on the basis that they are unnecessary. It is worth noting that employers may still be liable for acts of harassment by third parties, even if the act occurs after 1 October as employees will be able to frame a claim in a different way. For example, an employer’s failure to address third party harassment suffered by an employee could in itself amount to harassment or could give rise to a constructive unfair dismissal claim.