We explore the significant changes set out in the Employment Rights Bill in respect of harassment, sexual harassment and the use of Non-Disclosure Agreements.
The UK Employment Rights Bill (ERB) is making its way through Parliament and is set to pass this autumn. It will make major changes to employment law as part of the Government’s phased Plan to Make Work Pay (see our Reform Hub here for further details).
This includes some significant changes for employers in respect of harassment, sexual harassment and the use of Non-Disclosure Agreements (NDAs).
We explore these changes in greater detail below, and what impact we expect they will have on employers.
1. Heightened Duties to Prevent Harassment
a) Sexual Harassment
Under the Worker Protection (Amendment of Equality Act 2010) Act 2023 (“Worker Protection Act”), which came into force on October 26, 2024, employers are already under a duty to take “reasonable steps” to prevent sexual harassment of their employees in the course of their employment. The terms employment (and employees) have broad meaning under the Equality Act 2010, including, for example, workers. The current duty is not limited to sexual harassment by colleagues or managers, as employers also have a duty to take reasonable steps to prevent sexual harassment by third parties (including by contractors, clients, or visitors). Guidance from the Equality and Human Rights Commission (EHRC) stresses the importance of employers’ being proactive. EHRC considers...
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