Human Rights Act 1993

69 Further provision in relation to sexual or racial harassment in employment

(1)

Where—

(a)

a request of the kind described in section 62(1) is made to an employee; or

(b)

an employee is subjected to behaviour of the kind described in section 62(2) or section 63—

by a person who is a customer or a client of the employee’s employer, the employee may make a complaint in writing about that request or behaviour to the employee’s employer.

(2)

The employer, on receiving a complaint under subsection (1),—

(a)

shall inquire into the facts; and

(b)

if satisfied that such a request was made or that such behaviour took place,—

shall take whatever steps are practicable to prevent any repetition of such a request or of such behaviour.

(3)

Where any person, being a person in relation to whom an employee has made a complaint under subsection (1),—

(a)

either—

(i)

makes to that employee after the complaint a request of the kind described in section 62(1); or

(ii)

subjects that employee after the complaint to behaviour of the kind described in section 62(2) or section 63; and

(b)

the employer of that employee has not taken whatever steps are practicable to prevent the repetition of such a request or such behaviour,—

that employer shall be deemed to have committed a breach of this Act and the provisions of this Act shall apply accordingly.