{"id":9161,"date":"2023-09-06T00:51:00","date_gmt":"2023-09-06T00:51:00","guid":{"rendered":"https:\/\/www.brightmine.com\/uk\/?post_type=resources&p=9161"},"modified":"2026-03-20T10:36:09","modified_gmt":"2026-03-20T10:36:09","slug":"third-party-harassment-action-points","status":"publish","type":"resources","link":"https:\/\/www.brightmine.com\/uk\/resources\/hr-compliance\/bullying-harassment\/third-party-harassment-action-points\/","title":{"rendered":"Third-party harassment – action points for employers"},"content":{"rendered":"\n
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by Tina Elliott<\/strong><\/p>\n\n\n\n

Third-party harassment has had a chequered history under the law. Here, employment judge Tina Elliott looks at the legislative background, the current position and the steps employers can take<\/a> to protect their staff and themselves.<\/p>\n\n\n\n

The background<\/h2>\n\n\n\n

Prior to the Equality Act 2010, one of the leading cases in this area was Burton and Rhule v De Vere Hotels [1996] IRLRL 596<\/em>, sometimes known as the “Bernard Manning case”. Bernard Manning was a comedian who was booked to perform at a hotel. His act included racist terminology which was offensive in particular to two black employees working at the event. The Employment Appeal Tribunal (EAT) found that the hotel was liable to those employees because it had not done enough to prevent the harassment, which was found to be sufficiently within its control.<\/p>\n\n\n\n

However, the House of Lords held that this case had been wrongly decided in Pearce v Governing Body of Mayfield Secondary School<\/em> [2003] UKHL 34<\/em>. Following further debate in the courts, the Sex Discrimination Act 1975 was amended to include employer liability for third-party harassment. <\/p>\n\n\n\n

When the Equality Act 2010 came into force, third-party harassment was covered by s.40(2-4). It had to be shown that:<\/p>\n\n\n\n