Third Party Harassment - Care Homes

Last Updated: 12 Sep 2010 @ 00:00 AM
Article By: Richard Howard & Iain Jenkins

New discrimination legislation is on the way in the form of the Equality Act 2010 and it will affect all employers, including those in the Care Homes Sector.

The Equality Act makes you potentially liable for the harassment of your staff caused by third parties who are not employed by your business – suppliers, clients and customers.

You will only be liable in certain circumstances – where it has happened on at least two previous occasions, where you are aware of it and you have not taken reasonable steps to prevent it from happening again.

This new form of liability will be coming into force on 1 October 2010. Iain Jenkins, partner and employment expert and Leeds law firm Lee & Priestley says it is vital that employers in the Care Homes sector familiarise themselves with the new laws to avoid the risk of facing discrimination claims (compensation for which is uncapped).