The Equality and Human Rights Commission has analysed the Government’s proposal to remove the third party harassment provisions in S.40(2)-(4) of the Equality Act 2010. In its response the Commission states that it does not support the proposed repeal of the current third party harassment provision on the basis that: (i) given the prevalence of third party harassment and its impact, there is a need for the law to provide protection against it; (ii) there is a need for a better evidence base about the number of claims being brought under the current provision; (iii) the identity based nature of discriminatory harassment means that the Equality Act 2010 is the best place to address it and the other remedies suggested as alternatives are not appropriate; and (iv) the proposed repeal would create uncertainty for employers about what the law requires.
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