Plans to toughen up workplace sexual harassment laws will be diluted, drawing heavy criticism from the TUC and equality campaigners.
A compromise between the government and Conservative peers today means that the Worker Protection (Amendment of Equality Act 2010) Bill will no longer make employers liable for harassment of their employees by third parties. The duty on employers to prevent sexual harassment will also be weakened.
The Fawcett Society, the Suzy Lamplugh Trust and the TUC had all urged ministers not to backtrack on the new law in May.
Fawcett Society chief executive Jemima Olchawski said at the time: “We need to see a serious commitment from this government to better protect women at work.
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“It’s nothing short of scandalous that some Tory Peers have sought to play politics with a bill which would offer the first significant increase in protections for women since the #MeToo movement. Women deserve and demand better. It’s time for this government to deliver.”
However, the changes have come after Conservative peers’ concerns over free speech and employers being exposed to costly lawsuits, put the Bill’s progress through Parliament at risk.
During the committee stage in the House of Lords, the government accepted the need for compromise in order to ensure the Bill’s passage and indicated the two amendments tabled by Tory peers would be added into the final version.
Communities minister Baroness Scott of Bybrook said: “While the government does believe that it is important workers are protected against this form of harassment, having heard the debate, I recognise that there are strongly held views held by those who have spoken.”
On the second amendment, which weakens the duty on employers to prevent sexual harassment by changing the requirement from taking “all reasonable steps” to simply taking “reasonable steps”, Lady Scott said: “While it could be said that the duty to take reasonable steps is a lower bar than all reasonable steps, it has to be remembered that this will be a new duty which has not existed before.
“And as such, a duty to take reasonable steps is still an improvement for employees in respect of sexual harassment compared to the state status quo.” She confirmed the government would seek to accept the amendments at report stage.
Conservative peer Lord Hannan of Kingsclere, who had tabled the amendment on employer liability for harassment of employees by third parties, said the Bill in its original form went “too far for some of us and not far enough for others, but all sides can at least live with it.”
Tory peer Baroness Noakes, told peers the amendments were not intended to water down the Equality Act, where employers are responsible for the acts of employees in relation to harassment unless they have taken “all” reasonable steps.
She added: “And we have to think about the impact on employers and in particular, small businesses, who struggle to cope with things like that.”
It is disgraceful that they’ve given in to Tory backbenchers and let down working women across the country” – Paul Nowak, TUC
The Bill’s sponsor in the Lords, Liberal Democrat Baroness Burt of Solihull, said she recognised the need for compromise “to retain its core purpose while allowing it to progress”.
However, TUC general secretary Paul Nowak called the acceptance of the amendments “disgraceful”.
“Ministers promised to bring in new laws to tackle sexual harassment at work by customers and patients. It is disgraceful that they’ve given in to Tory backbenchers and let down working women across the country.
“Every day we hear stories about sexual harassment in our workplaces. Many women in front-line jobs – like shop workers and GPs’ receptionists – suffer regular abuse and harassment from patients and customers.
“This new law could have put the onus on employers keep their staff safe from this type of abuse. They have abandoned working people – again.”
Polling published by the TUC in May found that three in five (58%) women – and almost two-thirds (62%) of women aged between 25 and 34 – had experienced sexual harassment, bullying or verbal abuse at work.
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In two out of five (39%) of the most recent incidents, the perpetrator of the sexual harassment, bullying or verbal abuse was a third party rather than another member of staff.
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