Sexual Harassment (Workplace Duty) Bill

A

BILL

TO

Expand liability and duty for employers in addressing workplace sexual harassment, and for connected purposes.

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Section 1: Employer duty to prevent Sexual Harassment of Employees

(1) The following Act is amended as follows.

(2) After section 40 of the Equality Act 2010, insert —

“(1) An employer (A) must take reasonable steps to prevent sexual harassment of employees of A in the course of their employment.

(2) Employers carrying out ‘reasonable steps’ to prevent sexual harassment are to ensure they are included in compulsory risk assessments and other relevant safeguarding and security measures.

(3) The ‘reasonable steps’ mentioned in this Section shall be assessed against an independent criteria drafted at the discretion of the competent regulatory body, whereby the Secretary of State may issue guidance subject to negative procedure.

(4) “Sexual harassment” in subsection (1) means harassment of the kind described in section 26(2) (unwanted conduct of a sexual nature).

(5) A contravention of subsections (1) to (3) (or a contravention of section 111 or 112 that relates to a contravention of subsection (1)) is enforceable as an unlawful act under Part 1 of the Equality Act 2006 (and, by virtue of section 120(8) and (9), is enforceable only by the Commission under that Part or by an employment tribunal in accordance with section 124A (compensation uplift in employee sexual harassment cases)).”

Section 2: Compensation Uplift

(1) The following Act is amended as follows.

(2) After Section 124 of the Equality Act 2010, insert —

“(1) This section applies where—

(a) an employment tribunal has found that there has been a contravention of section 40 (harassment of employees) which involved, to any extent, harassment of the kind described in section 26(2) (sexual harassment), and

(b) the tribunal has ordered the respondent to pay compensation to the complainant under section 124(2)(b).

(2) The tribunal must consider whether and to what extent the respondent has also contravened section 40A(1) (duty to take reasonable steps to prevent harassment of employees).

(3) If the tribunal is satisfied that the respondent has contravened section 40A(1) to (3), it may order the respondent to pay an amount to the complainant (a “compensation uplift”) in addition to the compensation amount determined in accordance with section 124(6).

(4) The amount of the compensation uplift—

(a) must reflect the extent to which, in the tribunal’s opinion, the respondent has contravened section 40A(1), but

(b) may be no more than 25% of the amount awarded under section 124(2)(b).”

Section 3: Consequential Amendments

(1) Part 1 of the Equality Act 2006 (the Commission for Equality and Human Rights) is amended as follows.

(2) In Section 21, after subsection (7), insert —

“(8) Subsection (7) applies as though a claim could be made to an employment tribunal in respect of—

(a) an alleged contravention of section 40A(1) of the Equality Act 2010 (duty to take reasonable steps to prevent harassment of employees), or

(b) an alleged contravention of section 111 or 112 of that Act which relates to a contravention of section 40A(1) to (3) of that Act.”

(3) In section 24A (enforcement powers: supplemental), in subsection (1), after paragraph (a) insert —

“(aa) an act which is unlawful because it amounts to a contravention of section 40A(1) to (3) of that Act (or to a contravention of section 111 or 112 of that Act that relates to a contravention of section 40A(1) to (3) of that Act) (employer duty to take reasonable steps to prevent sexual harassment of employees),”.

Section 4: Extent, commencement, and short title

(1) This Act extends to the United Kingdom.

(2) The provisions of this Act shall come into force three months following the day this Act is passed.

(3) This Act may be cited as the Sexual Harassment (Workplace Duty) Act.

This Bill was submitted by The Right Honourable Dame Marchioness of Runcorn DBE DCMG CT and Spokesperson for Foreign Affairs and International Development, and Family Affairs, Youth and Equalities on behalf of the Liberal Democrats and was inspired by the Worker Protection (Amendment of Equality Act 2010) Act 2023

Cited Legislation:

Equality Act 2010

Equality Act 2006 (The Commission for Equality and Human Rights)

Opening Speech:

Deputy Speaker,

The Liberal Democrats take pride in their strong female representation. Covering women from all walks of life and experiences. Truly being the representative party for women’s interests. It is why issues like these we want to be and are obliged to be vocal about and championing, as so many women are the predominant victims of.

Harassment in the workplace unfortunately still occurs. Countless women (and even men) have been and currently may be victims of such in their lives. An estimated that one in five people have experience sexual harassment in the workplace every year. From constant microaggressions to full frontal assault, this is a blight on society. It is widespread, it ruins lives and impacts effective working relationships in all walks of life. Not a week goes by without revelations of inappropriate behaviour in an organisation, business, or institution somewhere in the UK. In addressing this, we are proud to bring forward this Bill which makes employers liable to their employees if they have not taken reasonable and appropriate steps to prevent harassment, amending the Equality Acts of 2006 and 2010..

It presents an opportunity where we can shift the culture in our workplaces where harassment is no longer tolerated and allowed to run rife through unfair and intimidating power dynamics. It strives to create a duty on employers to prevent harassment from happening and should bring about a long-term change in attitudes. As the Bill further empowers employees to hold their employers to account should they fail to properly address sexual harassment in the workplace. The duties do not stop at the task at hand, the shareholder demands, or the profit margins of the business. Employees in all organisations are under the care and responsibility of employers, and this most certainly extends to safeguarding.

This reading shall end on 25th November at 10pm GMT