What Is Section 40 of the Equality Act? Explained

Discover what Section 40 of the Equality Act covered and why it was repealed, including employer liability for third-party harassment.

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Section 40 of the Equality Act relates to employer liability for harassment of employees by third parties. It originally required employers to protect employees from harassment by people they don’t employ, such as clients. It has been repealed in the UK, making the details less immediately applicable.

FAQs & Answers

  1. What was the purpose of Section 40 in the Equality Act? Section 40 aimed to hold employers liable for harassment of employees by third parties, such as clients or customers.
  2. Why was Section 40 of the Equality Act repealed? Section 40 was repealed due to concerns over its practical application and challenges in enforcing employer liability for third-party harassment.
  3. Does the Equality Act still protect employees from harassment by third parties? While Section 40 was repealed, other protections exist, but employers are generally not liable for harassment caused by third parties under current UK law.
  4. How can employers protect their employees from third-party harassment now? Employers can implement clear anti-harassment policies, provide employee training, and address complaints promptly, even though direct liability under Section 40 no longer applies.

Watch More

For a deeper understanding of employer responsibilities under UK law, explore related content on the Equality Act’s other sections and current harassment regulations in the workplace.

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