The Worker Protection (Amendment of Equality Act 2010) Bill has received Royal Assent as of this month.
The initial bill drafting proposed liability on employers for harassment of their employees by third parties, such as a customer, client, supplier or contractor, which meant an employee could therefore be harassed by simply overhearing an offensive conversation.
It also proposed a proactive duty for employers to take all reasonable steps to prevent harassment of their workforce, such as training for managers and staff, and robust procedures for responding to complaints.
Amendments were made at the House of Lords stage, such as the removal of proposed third-party liability and of the word all from the proactive duty on employers to take reasonable steps to prevent harassment section. The House of Commons then considered and approved the amendments.
Kate Palmer, HR advice and consultancy director at Peninsula, said: “Sexual harassment is unwanted conduct of a sexual nature that creates an intimidating, hostile, degrading, humiliating or offensive environment. It is surprising that the government has made such amendments to remove from the bill the proposed liability on employers for harassment of their employees by third parties and diluted the duty on employers to prevent sexual harassment.
“The increase in regulation for employers and resulting claims that may have occurred because of the initial drafting of the bill is now likely diminished because of these latest changes. It is vital for employers to remember that the prevention of harassment should remain a central focus given that sexual harassment remains prevalent, and that claims by employees who have been harassed by third parties could still be made indirectly through constructive dismissal claims.”
Chantelle de Filippis, employment associate at Stevens and Bolton, added: “The new legislation strengthens existing protection and places a preventative duty on employers to ensure that reasonable steps to prevent sexual harassment in the workplace are taken. What is considered reasonable will vary depending on factors including the size of the workforce and relevant industry or sector, so it is crucial that employers consider what measures to take, particularly in light of new, hybrid working environments.”