One controversial part of the Equality Act 2010 was s40 which covered third party harassment and the liability for employers to their staff when third parties harass them in the work place. This section will be repealed on 1st October 2013, albeit in the transitional provisions acts of harassment which occur before 1st October 2013 will still be able to form the basis of a claim under that section.

The repeal was as a result of the coalition consultation where this section was identified as unnecessary legislation introduced without any need as employees can pursue alternative legal routes if they feel they have been repeatedly harassed by a third party.