Equality Act 2010: consultation on employer liability for harassment of employees by third parties

The consultation sought views on the government’s proposal to repeal the provisions in the Equality Act 2010 which make employers liable for harassment of their employees by third parties over whom they do not have direct control, such as customers or clients.

We received 80 responses, of which 16 (20 per cent) agreed our proposal for repeal and 57 (71 per cent) opposed it. Responses which agreed with the proposals came mostly from individual public, private and not-for profit sector employers and business organisations. All business representative organisations supported repeal. Responses which disagreed with our proposal were mainly on behalf of public sector employers, unions and equality lobby groups.

Very few of the responses, whether from those opposed to or those in favour of repeal, offered quantifiable evidence or specific evidence based on actual situations and outcomes to support their views.

The consultation response and associated impact assessment are available to download below. You can also read the government response to the consultation to repeal two Equality Act 2010 enforcement provisions, including employment tribunals’ power to make wider recommendations in discrimination cases, and the procedure for obtaining information. Impact assessments are also available for each of these.

The consultation closed on 7 August 2012.