Consultation outcome

Equality Act 2010: consultation on employer liability for harassment of employees by third parties

This consultation was published under the 2010 to 2015 Conservative and Liberal Democrat coalition government

This consultation has concluded

Download the full outcome

Consultation Response

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Impact assessment

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Acas

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Age UK

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Association of School and College Leaders

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Association of Scottish Police Superintendants

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Association of Colleges

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ATL

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Banardo's

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Bristol Disability Equality Forum

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British Retail Consortium

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Capability Scotland

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Chesterfield Borough Council

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Croydon Area Gay Society

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Disability Charities Consortium

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Discrimination Law Association

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Diversity Network for Cornwall and The Isles of Scilly

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EEF

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Employment Lawyers Association

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Equality and Diversity Forum

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Equality and Human Rights Commission

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Equanomics UK

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FDA

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Fife Council

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Gender Identity Research and Education Society

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Institute of Directors

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JUST West Yorkshire

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Justices’ Clerks Society

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Lewis Silkin LLP

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LGBT Consortium

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Local Government Association

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Lyons Davidson Solicitors

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Martin Searle Solicitors

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Midland Heart

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NASUWT

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National Aids Trust

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National LGB&T Partnership

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National Union of Teachers

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Network Rail Infrastructure Limited

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NHS Employers

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Northampton Trade Union Council

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Police Federation of England and Wales

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President and Regional Employment Judges of the Employment Tribunals in England and Wales

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Prospect

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Rainbow Group

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Redbridge Equalities and Diversity Partnership

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Regional Equality and Diversity Partnership

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Royal College of Nursing

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Scottish Discrimination Law Association

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Scottish Trades Union Congress

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Squire Sanders LLP

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Stonewall

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Stonewall Housing

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Tate

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The Employment Law Bar Association Committee

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The Law Society

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The Open University

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The Royal College of Midwives

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Thompsons Solicitors

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Transport and Salaried Staff’s Association

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TUC

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UNISON

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Unite - the Union

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University and College Union

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University of Oxford

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Velindre NHS Trust

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Wolverhampton City Council

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Original consultation

This consultation ran from to

Summary

The response to this consultation is now available.

Documents

Response form

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Consultation on employer liability for harassment of employees by third parties

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Consultation description

The consultation sought views on the government’s proposal to repeal the provisions in the Equality Act 2010 which make employers liable for harassment of their employees by third parties over whom they do not have direct control, such as customers or clients.

We received 80 responses, of which 16 (20 per cent) agreed our proposal for repeal and 57 (71 per cent) opposed it. Responses which agreed with the proposals came mostly from individual public, private and not-for profit sector employers and business organisations. All business representative organisations supported repeal. Responses which disagreed with our proposal were mainly on behalf of public sector employers, unions and equality lobby groups.

Very few of the responses, whether from those opposed to or those in favour of repeal, offered quantifiable evidence or specific evidence based on actual situations and outcomes to support their views.

The consultation response and associated impact assessment are available to download below. You can also read the government response to the consultation to repeal two Equality Act 2010 enforcement provisions, including employment tribunals’ power to make wider recommendations in discrimination cases, and the procedure for obtaining information. Impact assessments are also available for each of these.

The consultation closed on 7 August 2012.