Member

No doubt many Members of this House will be reluctant to scrap Clause 20 altogether, but I urge noble Lords to support Amendment 88 and exempt employers from liability for indirect harassment by third parties, such as in the example I have just given. The Minister will tell the House that I have misunderstood what employers will have to do to comply with this amendment to the Equality Act and that it will just mean they have to protect their employees from direct harassment. But if we look at the way that the employment tribunal has defined the harassment provisions in Section 26 of the Equality Act, “harass” includes overheard remarks. It follows that, unless it is amended, Clause 20 will mean employers having to take all reasonable steps to protect their employees from overhearing banter between third parties—for example, customers or members of the public. That will place a huge additional burden on employers, particularly small and medium-sized enterprises such as family-owned pubs.