This paper, published by the House of Commons Library, provides information on the Worker Protection (Amendment ofEquality Act 2010) Bill 2022-23, which was introduced in the House of Commons by Wera Hobhouse MP as a PrivateMember's Bill on 15 June 2022. The paper lays out the background, content and commentary on the Bill.Currently, section 40 of the Equality Act 2010 prohibits employers from harassing their staff and section 109 states thatemployers may be vicariously liable for harassment carried out by their employees, unless they can show they took “allreasonable steps” to prevent it. However, employers are not currently liable where staff are harassed by third parties, sincethe 2013 repeal of subsections 40(2)-(4) of the 2010 Act. This was confirmed by the 2018 Court of Appeal ruling in Unite theUnion v Nailard which found that, the absence of subsections 40(2)-(4), the Equality Act 2010 could no longer be treated asmaking employers liable for staff harassment by third parties.
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