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.