The Worker Protection Act came into force last year, introducing a legal duty for employers to prevent harassment of their employees. The Employment Rights Bill will take this duty even further, explains Shelley Morgan. Here’s how HR teams can prepare.
The UK is raising the bar on workplace safety and the Employment Rights Bill is set to introduce tougher obligations for employers to prevent and respond to sexual harassment. However, while the aim and intent of the Bill is clear, many are asking: what will this mean for employers in practice?
Currently, employers must take “reasonable steps” to prevent sexual harassment at work. The new duty will require employers to take “all reasonable steps”.
This constitutes a significant shift, with greater accountability for employers who will need to demonstrate that they are taking meaningful and proactive steps to create a culture and working environment that seeks to prevent sexual harassment.
Third-party harassment: Under the Bill, employers will also be liable for harassment (of any kind) of their employees by third parties (for example customers, suppliers and contractors), unless they take all reasonable steps to prevent it.
The government has stated that employers will not be penalised for failing to take unworkable or impractical steps, and employers only need to do what is reasonable depending on their specific circumstances.
What this means in practice is unclear and this remains a significant...
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