It has been reported this week by the Telegraph that the Government may backtrack on its plans to introduce improved protections for workers from harassment in the workplace.
It has been claimed that many Conservative MPs oppose the Worker Protection Bill (the Bill), which recently had its second reading in the House of Lords, due to their concerns about potentially costly legal claims that could be made against employers.
Additionally, concerns have also been raised by Tory MPs about controversial figures being “expelled” from leisure and hospitality events, due to fears that employers might have regarding legal claims being brought by workers who have “hurt feelings”.
Lord Frost, who is a former cabinet minister, has said that the draft legislation is a “woke, socialist measure” that would “have a chilling effect on every conversation in the workplace”.
The TUC and other trade unions have urged MPs not to shelve the Bill. Paul Nowak, General Secretary of the Trades Union Congress (TUC), commented:
“It would be utterly shameful if the government allows this bill to fall.
“Ministers promised to bring in new laws to tackle sexual harassment, but now appear to be backsliding. Let’s not forget – women are experiencing sexual harassment and abuse on an industrial scale. And we know many in public-facing jobs – like shop workers and GP receptionists – suffer abuse and harassment regularly from clients and customers.
“Rishi Sunak must not abandon vulnerable staff. These protections are essential.”
According to the Telegraph, a Government source has said that it is “alive to the concerns that have been raised”. However, the source added that there wouldn’t be sufficient time to discuss changes to the Bill prior to the end of the current parliamentary session, which makes “the passage of the bill impossible”.
What does the Worker Protection Bill propose?
As we previously reported, the Bill renders employers liable for harassment of employees and workers by third parties and creates a new positive duty to take reasonable steps to prevent sexual harassment. This means that employers who do not take adequate steps to prevent harassment could face enforcement action by the Equality and Human Rights Commission (EHRC).
Further, Employment Tribunals would have the power to increase compensation in successful harassment claims by up to 25% where the employer has failed to comply with this duty.
The scope of the Bill is broad. Liability for harassment in the course of employment by any third party is covered (so could be a customer, contractor, or supplier).
Harassment on the grounds of any of the following protected characteristics would be covered:
- Age
- Disability
- Gender re-assignment
- Race
- Religion or belief
- Gender and sexual orientation in addition to sexual harassment
Marriage, civil partnership, and pregnancy and maternity are not included in the current protection from harassment and so would not be caught under the Bill either.
Employers would be liable even for one-off incidents of harassment unless they can show that they took “all reasonable steps” to prevent the harassment from occurring.
Advice to employers
Despite the reports concerning the Bill being abandoned, it is still vital that employers review and update their approach to harassment issues in the workplace by considering the following:
- Is there zero tolerance for harassment engrained in your culture? If not, what steps can you take to ensure this? Review your policy framework and consider training requirements.
- Where you enter into contracts with third parties, such as suppliers and customers, do these contain provisions on harassment?
- Do you provide suitable support for your employees? Good employers will offer employees the opportunity to report harassment and support them by taking appropriate steps to address this when it is reported.
How Nelsons can help
Laura Kearsley is a Partner in our expert Employment Law team.
If you would like any advice concerning the subjects discussed in this article, please contact Laura or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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