The Worker Protection Bill – which seeks to give employees protection from sexual harassment – has been approved by MPs and will become law.
The bill, which was first tabled by Liberal Democrat MP Wera Hobhouse, will place a duty on employers to take “reasonable steps” to prevent sexual harassment against employees.
During its passage through the Lords this summer, unions and campaigners were angered by compromises to some aspects of the bill, which meant some of the obligations on employers were diluted.
One section that made employers liable for the harassment of their employees by third parties such as customers or suppliers was removed, and the wording was changed from requiring them to take “all reasonable steps” to prevent harassment to just “reasonable steps”.
Worker Protection Bill
House of Lords waters down new sexual harassment laws
In the House of Commons on Friday, Hobhouse said: “I cannot stand here and say that I am completely happy with the amendments. But if I did not accept them the bill would not progress into law, and that would be a lot worse.
“The longer it takes for legislation preventing sexual harassment to become law, the more workers – especially women – will be left at risk of workplace sexual harassment – that would simply not be acceptable.”
The legislation followed an inquiry in 2018 by the Women and Equalities Committee into the extent of sexual harassment at work, which recommended existing laws were “beefed up” to force employers to be more proactive about shielding workers from harm.
In the interim there have been multiple high-profile reports of sexual harassment in the workplace, including at the CBI and hedge fund Odey Asset Management.
In the NHS, a survey of more than 1,700 surgeons found that almost two-thirds had been sexually harassed, and 30% had been assaulted.
A survey published earlier this month by The Barrister Group found that while a third of people have experienced sexually inappropriate behaviour at work, only half of them felt confident enough to report it.
Kate Palmer, HR advice and consultancy director at Peninsula, said it was “surprising” that the government had removed the proposed liability on employers from the bill.
She said: “The increase in regulation for employers and resulting claims that may have occurred because of the initial drafting of the bill is now likely diminished because of these latest changes.
“It is vital for employers to remember however that the prevention of harassment should remain a central focus given that sexual harassment remains prevalent and that claims by employees who have been harassed by third parties could still be made indirectly through constructive dismissal claims.”
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