Version as at 1 July 2024 Human Rights Act 1993 Part 2 s 69 (2) Anything done or omitted by a person as the agent of another person shall, for the purposes of this Part, be treated as done or omitted by that other person as well as by the first-mentioned person, unless it is done or omitted without that other person’s express or implied authority, precedent or subsequent. (3) In proceedings under this Act against any person in respect of an act alleged to have been done by an employee of that person, it shall be a defence for that person to prove that he or she took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing as an employee of that person acts of that description. Compare: 1977 No 49 s 33 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) (b) 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 the employer of that employee has not taken whatever steps are practic‐ able 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. 57

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