UK Government Addresses Employer Liability for Workplace Harassment with New Draft Legislation

The UK government has intervened in the draft legislation currently before parliament to address the risk of employers taking “unreasonable or drastic measures” to avoid being held liable for their staff’s harassment. The aim of the new draft legislation is to shift the workplace dynamics, with employers expected to take positive steps towards preventing workplace harassment. Additionally, the draft legislation would hold employers liable for any harassment their staff experience from third parties such as clients, suppliers, or customers. This article will outline the key features of the draft legislation and the recently made amendments aimed at addressing the concern of unintentional harassment.

According to new draft legislation, UK employers would be required to take a proactive role in preventing workplace sexual harassment. They would have a positive duty to “take all reasonable steps” to prevent their employees from experiencing such harassment. This duty is designed to create a safer and more comfortable workplace environment for employees while they carry out their work responsibilities. This change is expected to benefit numerous employees who were subjected to harassment at work previously and had no recourse.

Employers can now be held responsible for instances of third-party harassment, which may come from clients, suppliers, or customers. The new legislation mandates that employers take reasonable steps to prevent such harassment from occurring and that it applies to all protected characteristics, not just sexual harassment. This provision is meant to ensure that employees are provided with a safe work environment.

Amendments to the Bill were tabled due to concerns about the potential impact on legitimate workplace discussions. Some worried that the proposed provisions might inhibit free speech and impede employees’ ability to express their views and opinions openly. Consequently, the government revised the Bill to address these concerns.

Amendments have been made to address concerns around unintentional harassment. According to these amendments, employers will not be considered to have failed in their duty to prevent harassment if the harassment is unintentional and arises from a conversation in which the employee is not a participant or from a speech not directed towards them. It is reported that these amendments apply to the employer’s obligation to prevent harassment among their staff as well as their potential liability for third-party harassment. By implementing these amendments, employers will not face penalties for unintentional behavior, and will only be held responsible for actions that they could have reasonably prevented.

The amendments apply to employee-on-employee harassment and third-party harassment but do not extend to cases of sexual harassment or harassment related to an employee’s refusal or submission to sexual conduct. These exclusions were made to prevent the Bill from endorsing behaviors that are deemed unacceptable in the workplace.

Sue Gilchrist, a partner at the law firm Mishcon de Reya, stated that these changes were prompted by a series of cases related to clashes between religious beliefs and opinions on gender identity and same-sex marriage. These cases have underscored the need for a strong legal framework to prevent workplace harassment and discrimination.

During a parliamentary session, Maria Caulfield, Conservative MP for Lewes, cited a case that emphasizes the concerns related to workplace harassment. In 2018, the Sule v Shoosmiths employment tribunal case found the employer liable for harassment when two employees were overheard making inappropriate comments within earshot of another colleague. This case highlights the importance of workplace vigilance to ensure employees feel safe and protected from harassment.

The bill has reportedly been passed from the House of Commons to the House of Lords for further scrutiny. If it passes, the bill is likely to change the power dynamics of the workplace, with employers taking a more proactive role in preventing workplace harassment. Its passing would be a significant milestone in ensuring a safe and welcoming work environment for all employees.

In conclusion, the proposed new legislation represents a crucial step towards improving workplace safety and preventing harassment in the UK. The amendments introduced to the Bill will effectively safeguard employees against harassment, while still allowing for legitimate workplace discussions. The successful passing of the Bill will be viewed as an important milestone by those who have tirelessly campaigned for stronger legal protections against workplace harassment. Employers must now take prompt action towards implementing these new measures in order to create a safe and supportive work environment, free from any form of harassment.

Explore more

How Is Tabnine Transforming DevOps with AI Workflow Agents?

In the fast-paced realm of software development, DevOps teams are constantly racing against time to deliver high-quality products under tightening deadlines, often facing critical challenges. Picture a scenario where a critical bug emerges just hours before a major release, and the team is buried under repetitive debugging tasks, with documentation lagging behind. This is the reality for many in the

5 Key Pillars for Successful Web App Development

In today’s digital ecosystem, where millions of web applications compete for user attention, standing out requires more than just a sleek interface or innovative features. A staggering number of apps fail to retain users due to preventable issues like security breaches, slow load times, or poor accessibility across devices, underscoring the critical need for a strategic framework that ensures not

How Is Qovery’s AI Revolutionizing DevOps Automation?

Introduction to DevOps and the Role of AI In an era where software development cycles are shrinking and deployment demands are skyrocketing, the DevOps industry stands as the backbone of modern digital transformation, bridging the gap between development and operations to ensure seamless delivery. The pressure to release faster without compromising quality has exposed inefficiencies in traditional workflows, pushing organizations

DevSecOps: Balancing Speed and Security in Development

Today, we’re thrilled to sit down with Dominic Jainy, a seasoned IT professional whose deep expertise in artificial intelligence, machine learning, and blockchain also extends into the critical realm of DevSecOps. With a passion for merging cutting-edge technology with secure development practices, Dominic has been at the forefront of helping organizations balance the relentless pace of software delivery with robust

How Will Dreamdata’s $55M Funding Transform B2B Marketing?

Today, we’re thrilled to sit down with Aisha Amaira, a seasoned MarTech expert with a deep passion for blending technology and marketing strategies. With her extensive background in CRM marketing technology and customer data platforms, Aisha has a unique perspective on how businesses can harness innovation to uncover vital customer insights. In this conversation, we dive into the evolving landscape