Pictured above: Simon Bond, Employment Partner at law firm Challinors

New laws under the Equality Act 2010 intended to protect employees from harassment or victimisation from colleagues or third parties could be open to abuse, according to employment lawyer Simon Bond, a Partner at Midlands firm Challinors.

"Claims of harassment under the new Act do not require a comparator," explains Simon Bond, "thereby making it easier for employees to make their claims. 

"In addition a new 'three strikes' rule means that employers will be liable for harassment carried out against its employees by third parties such as customers, contractors or third parties. This liability will apply if the employee has been harassed on three occasions by a third party - the third party could be a different person each time and the worry for employers is that they may only find out about the harassment on the third occasion. Clearly such a rule could be open to abuse by the unscrupulous." 

The core provisions of the Equality Act 2010 came into force on the 1st October 2010, and are according to Simon, "a major piece of legislation which will affect all employers and service providers in relation to matters of discrimination, equality and diversity, and contains new duties, responsibilities and policy initiatives with the aim of simplifying and bringing together previous existing pieces of discrimination legislation.

"In particular, harassment covers any unwanted conduct that has the effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment," he says. "Employment law and in particular equality in the workplace has moved-on significantly since the 1960's and 1970's, as depicted in the current television drama 'Mad Men', which serves to demonstrate to employers how such practices would not be acceptable in today's workplace. 

"Today and under the new Act, harassment can take many forms from physical contact, jokes, offensive language and gossip, through to a failure to safeguard confidential information, particularly pay disclosure, characteristics which some may argue are features of many a workplace and its banter in the 21st Century.

"Whilst the Act harmonises protection from harassment in the workplace to include most of the protected characteristics, it now also extends to colour or nationality. However, it doesn't include harassment related to pregnancy, maternity, marriage or civil partnership."

As a member of the Employment Law Committee of the Law Society of England and Wales, Simon has made a series of presentations across the UK about The Equality Act 2010, and the provisions surrounding harassment and victimisation, with the view of updating employers, HR professionals and fellow lawyers on the impact of the new legislation. 

At these sessions he has advised employers to ensure they know about and take action in light of the new provisions: "Prudent employers should ensure employees, particularly line managers, know about the provisions regarding harassment and victimisation," he says. "An assumption should not be made that just because a grievance procedure has been properly followed that that is the end of the matter. Employers must check the employee is not suffering or being singled out as a result of having brought a complaint.

"Preventative measures employers should consider include the review and updating of equal opportunities and harassment policies, together with a separate complaints policy containing guidance on dealing with offensive comments. Line managers should be trained on taking complaints seriously and companies could also consider training employees on how to deal with offensive behaviour at corporate or networking events where clients and customers are present too."

Other preventative measures include updating the staff handbook, placing notices in the workplace about the policy on harassment and victimisation, avoiding placing employees in situations where there is a known risk of harassment, training procurement managers and imposing equal opportunities obligations in contracts with suppliers, and putting in place effective and robust reporting procedures.

Challinors has offices in Birmingham, West Bromwich, Wolverhampton, Halesowen and Nottingham. The firm has 24 partners and over 100 fee earners, and is ranked as one of the top legal firms in the West Midlands, being Number 1 in the Chambers UK Directory in a number of categories, including Clinical Negligence.