Further to our previous update on the workplace sexual harassment bill, we now delve into recent changes to the Worker Protection (Amendment of Equality Act 2010) Bill. This article explains what the amendments mean for employers and provides an overview of what employers need to know about the proposed law.
Amendments to the Worker Protection (Amendment of Equality Act 2010) Bill
The Equality Act 2010 originally contained provisions which made an employer liable if an employee was harassed by a third party in the course of their employment. These provisions were repealed in 2013. However, when the Worker Protection (Amendment of Equality Act 2010) Bill was introduced, it contained provisions to re-introduce this employer liability.
This particular provision in the Bill received a great degree of criticism, and in the House of Lords objections to it were raised on the basis of the increased costs to employers, potential impediment of free speech and concerns over unnecessary state intervention in business. The government recognised the need to compromise on the provisions of the Bill to ensure its final passage and has now removed this liability from the Bill, meaning that employers will not be liable for the harassment of their employees by third parties. Nevertheless, this change is likely to come as a disappointment to those that were eager to see this liability re-introduced into UK employment law.
Another amendment to the Bill is that employers will only be required...
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