Question

To ask the Minister for Women and Equalities, whether she has made an assessment of the potential merits of re-enacting s40 of the Equality Act 2010.

The Government does not believe it is necessary to re-enact S.40. The provisions at S.40(2) of the Equality Act 2010 (the Act), which dealt with third party harassment, were repealed in 2013, as part of the Coalition Government’s ‘Red Tape Challenge’, because they were unnecessary, confusing and little used. Anyone wishing to bring a claim of harassment at work, including by a third party, should be able to do so using the provisions under S.26 of the Act together with the specific prohibitions on harassment in the Act, such as those in Part 5, which cover employment.

The Government condemns all forms of harassment and this is why the Prime Minister has committed to reviewing non-disclosure agreements, and any evidence suggesting they are being used improperly.