Women: Events Industry

Baroness Gale Excerpts

Tuesday 30th January 2018 Lords Chamber

[Baroness Williams of Trafford]

My Lords, every time something like this happens we hope that it is a thing of the past, and there have now been quite a few occasions at which this sort of behaviour has gone on. The Charity Commission is interested in this matter because of whether this charity acted in accordance with the rules.

[Baroness Gale (Lab)]

Does the Minister agree that Section 40 of the Equality Act 2010 was an important provision, providing protection for employees against harassment from third parties? Unfortunately, the coalition Government repealed the section in 2013, even though they held a consultation and 71% of people said they would like to keep it in. Does the Minister agree that Section 40 should be reinstated in order to guarantee legal protection against harassment from third parties, and would she go further and revise it so that it requires only one previous incident of third party harassment instead of the previous requirement of two or more? In that way, all those who experience harassment, wherever they work, will have some measure of protection.

[Baroness Williams of Trafford]

My Lords, the noble Baroness is absolutely right. In 2013, the coalition Government did indeed repeal specific provisions of Section 40 of the Equality Act 2010 which explicitly made an employer liable where they knew an employee had been harassed at work by a third party on at least two previous occasions and failed to take reasonable steps to prevent it. These provisions, as well as being quite confusing, were considered redundant, as an employer can be liable for third party harassment under the ordinary harassment provisions in Section 26 of the Act.