How do we protect employees from third-party harassment?

The Legislation

Section 40 of the Equality Act 2010 makes it unlawful for an employer to harass employees and people applying for employment.

It also makes the employer liable in the case of harassment of its employees by third parties, such as maintenance contractors over whom the employer does not have direct control, unless the employer has taken reasonable steps to prevent the third party from doing so.

This only applies if the employer knows that the employee has been harassed on at least two previous occasions. While it has to be the same employee who has been harassed on these occasions, the third party may be the same or a different person on each occasion.

Who is protected?

The  third party harassment provisions protect people on the grounds of:

• age
• disability
• gender reassignment
• race
• religion or belief
• sex
• sexual orientation

Harassment policies

Higher education institutions (HEIs) should seek to ensure that all staff are protected from harassment on campus. This includes harassment by other members of staff, agents, visitors and students.

HEIs should update their harassment policies in accordance to the new provision. Workers, visitors, clients, suppliers or customers who come into contact with the HEI should be made aware of the policy and that they are expected behave in line with it.

A revised policy could include:

• Description of all the protected characteristics under the Equality Act 2010
• Statement reflecting  that harassment will not be tolerated, giving examples of acceptable and unacceptable behaviour
• Explanation of the damaging effects of harassment
• Process for how staff should make a complaint (informally as well as formally)
• Description of support available
• Description of training/other resources to spot and stop harassment
• Description of how the policy will be implemented, reviewed and monitored

To help ensure that harassment policies are communicated to third parties, HEIs could:

• In induction, inform staff and students of the harassment policy and their rights and responsibilities
• Inform third party agents (e.g. a catering firm) of the harassment policy
• Display signs about policies in public places
• Give all visitors an outline of the policy (e.g. back of security badges)
• Insert a condition in contracts requiring third parties (e.g. contractors) to comply with harassment policies
  

More information

• Equality Act 2010 homepage
  

For the latest news, guidance and information on the implications of the Equality Act 2010.