Harassment at the workplace has over the years proven to be a problematic issue for the employers. When employees leave their work due to harassment such as workplace bullying, they can sue the organization for constructive dismissal, which would warrant the organization to compensate the employee. In worst cases, the employees may have psychiatric effects from the harassment. Section twenty-six of the Equality Act 2010, however, was formed due to such issues and to protect the employees from harassment.
The Equality Act is well written to protect employees in the workplace. It defines harassment as a situation where an individual engages in any unwanted conduct to another individual where the purpose of the conduct is to violate the dignity of the individual or to create an environment that is hostile, intimidating or offensive for the other individual (Clarke 162). The Act further explains that the harassment can be based on sex, race, sexual orientation, religion or religious beliefs and even gender (Clarke 162). This Act has brought about various changes in the workplace with forms of harassment being more than just bullying but also harassment on the grounds of sex and sexual harassment. The new rules make it such that women cannot be treated less favourably on the grounds mentioned above. This form of employment in the workplace encourages not just women but individuals to pursue their careers and passion without basing them on their race, gender, religious affiliations or beliefs. Professionals can now pursue jobs in various organizations without fear of harassment or discrimination in the workplace. Safety at the workplace is vital for every employee, and this is what the Act provides.
While the Equality Act 2010 provides protection for employees, it also creates a vulnerable environment for the employers. Employers are no more susceptible to lawsuits as they are also required to protect the employees from harassment by third parties. Section 40(2) makes the employer liable when an employee under any harassment by a third party in a circumstance where the employer should have been able to protect the employee (Hand 78). The Act, therefore, protects the employee and ensuring that the employer creates an environment where the employee is protected. In such a case, however, the conduct complained by the employee has to amount to harassment as defined by the Act (Hand 78). Also, if the employee were harassed previously based on race but is harassed a third time based on sex, then the employer would be liable. The employer, however, gains some defence whereby it explains that an employee cannot be harassed based on pregnancy or marriage as opposed to discrimination as the two vary entirely (Hand 79). Employers, however, have to stipulate these rules in their policies preventing and warning third parties from harassment of the employees.
The Equality Act 2010 is a law that was enacted to ensure the protection of employees in the workplace. All employees, not just the women, undergo all forms of harassment in the workplace, which can affect their work and often leads to employee turnover. The Equality Act of 2010, was created to prevent this and to allow employees to have a safe environment to work. The employers are, therefore, tasked with the protection of the employees not just from their seniors or colleagues but also from the third parties who include the customers and also the suppliers.