With this it will be convenient to discuss the following:
Amendment 2, page 1, line 2, leave out “of the Equality Act 2010”.
This amendment is consequential on Amendments 3 and 4.
Amendment 3 , page 1, line 11, at end insert—
“(1C) Subsection (1D) applies if and so far as—
(a) a third party harasses B in the course of B’s employment,
(b) the harassment falls within section 26(1) (unwanted conduct related to a relevant protected characteristic) and not within section 26(2) or (3) (unwanted conduct of a sexual nature etc),
(c) the conduct constituting the harassment involves a conversation in which B is not a participant, or a speech which is not aimed specifically at B,
(d) the conversation or speech involves the expression of an opinion on a political, moral, religious or social matter,
(e) the opinion expressed is not indecent or grossly offensive, and
(f) the expression of the opinion does not have the purpose of violating B’s dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
(1D) For the purposes of subsection (1A)(b), A is not to be treated as having failed to take all reasonable steps to prevent the harassment solely because A did not seek to prevent the expression of the opinion.””
This amendment makes provision about when an employer can be held liable for the harassment of their employee by a third party. Its effect is that, where relevant conditions are met, employers will not be expected to prevent the expression of opinions in order to avoid liability.
Amendment 4, page 1, line 11, at end insert—
“(2) In section 109 (liability of employers and principals), after subsection (4) insert—
‘(4A) Subsection (4B) applies if and so far as—
(a) A harasses another employee (C) in the course of C’s employment,
(b) the harassment falls within section 26(1) (unwanted conduct related to a relevant protected characteristic) and not within section 26(2) or (3) (unwanted conduct of a sexual nature etc),
(c) the conduct constituting the harassment involves a conversation in which C is not a participant, or a speech which is not aimed specifically at C,
(d) the conversation or speech involves the expression of an opinion on a political, moral, religious or social matter,
(e) the opinion expressed is not indecent or grossly offensive, and
(f) the expression of the opinion does not have the purpose of violating C’s dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for C.
(4B) For the purposes of the defence in subsection (4), B is not to be treated as having failed to take all reasonable steps to prevent the harassment solely because B did not seek to prevent the expression of the opinion.’”
This amendment makes provision about when an employer can be held liable for the harassment of their employee by another employee. Its effect is that, where relevant conditions are met, employers will not be expected to prevent the expression of opinions in order to avoid liability.