Source: Topic of the week Date: 06-09-2010 Publisher: XpertHR

Harassment and the Equality Act 2010: overview

TOPICS:
equal opportunities age
disability
race
religion
sex
sexual orientation
gender reassignment

AUTHOR: Sarah-Marie Williams and Alice Sweet


Sarah-Marie Williams and Alice Sweet of Clyde & Co LLP begin a series of articles on the impact of the Equality Act 2010 on the law relating to harassment, with an overview that looks at how the Equality Act 2010 widens the definition of unlawful harassment and extends liability on employers for harassment by a third party, which is currently limited to sexual harassment, to other discrimination strands. 

Equality Act 2010

The Equality Act 2010 received Royal Assent on 8 April 2010. When it comes into force, the Act will bring together the existing strands of anti-discrimination legislation with the aim of adopting a single approach to the different strands. 

The majority of the Act is due to come into force on 1 October 2010 (see the Government Equalities Office website) although a commencement order bringing into effect its main provisions has not yet been published. The Government has already made commencement orders enabling subordinate legislation to be enacted and guidance to be issued to support the Act and has made other orders to supplement the Act (see Single Equality Act introduced (1 October 2010) in the XpertHR legal timetable).

As well as harmonising many aspects of equality legislation, the Act brings about a number of changes to the law, including changes and new provisions in respect of harassment.

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