OpenLegislation

Section 21 Harassment by third partiesI1I2

England, Wales and Scotland

In section 40 of the Equality Act 2010 (employees and applicants: harassment), after subsection (1) insert—

“(1A)

An employer (A) must not permit a third party to harass a person (B) who is an employee of A.

(1B)

For the purposes of subsection (1A), A permits a third party to harass B only if—

(a)

the third party harasses B in the course of B’s employment by A, and

(b)

A failed to take all reasonable steps to prevent the third party from doing so.

(1C)

In this section “third party” means a person other than—

(a)

A, or

(b)

an employee of A.”

Annotations

Commencement

I1

S. 21 not in force at Royal Assent, see s. 159(3)

I2

S. 21 in force at 30.10.2026 by S.I. 2026/1065, reg. 3(b)