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 Did Zoom Use AI to Boost Customer Satisfaction to 80%?

When the world shifted to a screen-first existence, a simple video call became the lifeline of global commerce, education, and human connection, yet the massive surge in users nearly broke the engines of support that kept it running. While most tech giants watched their customer satisfaction scores plummet under the weight of unprecedented demand, Zoom executed a rare maneuver, lifting

How is Customer Experience Evolving in 2026?

Today, Customer Experience (CX) functions as the definitive business capability that dictates market perception, revenue sustainability, and long-term loyalty. Organizations are no longer evaluated solely on what they sell, but on how they make the customer feel throughout the entire lifecycle of their relationship. This fundamental shift has moved CX from the periphery of customer support to the very core

How HR Teams Can Combat Rising Recruitment Fraud

Modern job seekers are navigating a digital minefield where sophisticated imposters use the prestige of established brands to execute complex financial and identity theft schemes. As hiring surges become more frequent, these deceptive actors exploit the enthusiasm of candidates by offering flexible work and accelerated timelines that seem too good to be true. This phenomenon does not merely threaten individuals;

Trend Analysis: Skills-Based Hiring in Canada

The long-standing reliance on university degrees as a universal proxy for competence is rapidly losing its grip on the Canadian corporate landscape as organizations prioritize what people can actually do over where they studied. This shift signals the definitive end of the degree era, a period where formal credentials served as a convenient but often flawed filter for talent acquisition.

Is the Four-Year Degree Still the Key to Career Success?

The modern professional landscape is undergoing a profound transformation as the traditional four-year degree loses its status as the ultimate gatekeeper for white-collar employment. For the better part of a century, the degree functioned as a convenient screening mechanism for recruiters, signaling that a candidate possessed the discipline, baseline intelligence, and social capital necessary to succeed in a corporate environment.