The initial drafting of the Worker Protection (Amendment of Equality Act 2010) Bill proposed liability on employers for harassment of their employees by third parties and a proactive duty on employers to take ‘all reasonable steps’ to prevent harassment.

When it was considered by the House of Lords, however, they amended it to remove the proposed third-party liability, and diluted the proactive duty on employers to take ‘reasonable steps’ to prevent harassment, therefore, removing the word ‘all’.

The House of Commons considered these amendments to the bill on Friday 20 October 2023 with reports indicating that they have been approved. This means the Bill will become law once it receives royal assent; the 9th main new law that is expected to come into force next year.

Kate Palmer, HR Advice and Consultancy Director at Peninsula, says “Harassment continues to be a significant issue in the workplace. Sexual harassment is unwanted conduct of a sexual nature which creates an intimidating, hostile, degrading, humiliating or offensive environment.

“It is therefore 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 however 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.”