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

UK Taps ISC2 for National Software Security Initiative

The unseen vulnerabilities lurking within the software supply chain have emerged as one of the most disruptive and pervasive cybersecurity threats, compelling governments and industry leaders to fundamentally rethink their defense strategies. Recognizing this critical challenge, the United Kingdom has initiated a landmark collaboration, bringing aboard the non-profit cybersecurity association ISC2 as an expert adviser for its newly established Software

Singapore Aids Workers With Unpaid Salaries

The sudden collapse of a company often leaves a trail of financial hardship, a burden most acutely felt by employees who find themselves without their hard-earned salaries. In Singapore, this recurring challenge has prompted a significant governmental response, with authorities stepping in to provide a crucial safety net for those affected by corporate liquidation. Between 2022 and 2024, the government

Microsoft Releases Emergency Fix for Broken Remote Desktop

The Critical Flaw: How a Routine Update Crippled Remote Access In a stark illustration of the intricate relationship between security and operational stability, a recent security update intended to bolster system defenses inadvertently severed a critical lifeline for countless businesses by triggering a widespread failure of the Remote Desktop Protocol. This timeline chronicles the rapid escalation of the issue, from

Full-Stack AI Optimization – Review

The relentless pursuit of more intelligent AI has often been equated with a simple, brute-force arms race for more powerful hardware, yet the true challenge lies in orchestrating every component of the technology stack to work in perfect concert. Full-Stack AI Optimization represents a significant advancement in the cloud computing and artificial intelligence sectors. This review will explore the evolution

Trend Analysis: Enterprise-Grade AI Reasoning

The fundamental question echoing through boardrooms and development teams is no longer about the potential power of artificial intelligence but how to reliably harness that power for mission-critical operations. While generative AI has adeptly captured the public imagination with its creative and conversational abilities, the next frontier for business is the rise of enterprise-grade AI reasoning. This evolution centers on