Background

The Government is proposing a new legal duty requiring employers to take all reasonable steps to prevent harassment of their staff by third parties such as customers, clients or contractors. This forms part of the Employment Rights Bill currently progressing through Parliament.

Earlier this year, a Parliamentary committee raised concerns that the proposals could go too far, particularly in situations involving overheard remarks or where the employer had no prior knowledge of any issues. The committee also questioned why further regulations are only planned for sexual harassment, and how the new duty will sit alongside existing obligations.

Key points from the government response

In its response, the Government confirmed that it does not intend to amend the Bill and believes the proposed duty strikes the right balance between protecting employees and being realistic about what employers can control. The following points were clarified:

• No exemption for overheard remarks: the Government has rejected suggestions that employers should not be responsible for overheard third-party comments. It states that the duty to take all reasonable steps gives employers the flexibility to assess what is appropriate in different workplace contexts.
• No return to the ‘three strikes’ rule: under previous law, employers could only be held liable for third-party harassment if there had been at least three prior incidents. The government does not intend to reinstate this rule,...

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