David Leach and Madina Sakhi provide insight into the recent proposal to classify workplace harassment as a breach of health and safety obligations.
The Right Honourable Liz Saville Roberts of Plaid Cymru believes that harassment in the workplace should be deemed a breach and has proposed a private members bill to amend the Health and Safety at Work etc Act 1974 to impose further requirements on employers to take proactive steps to prevent violence and harassment in the workplace.
The Bill sets out The Bill sets out a statutory framework for comprehensive policies and training programs, with the stated aim of creating a safer and more inclusive working environment.
The Bill will also require the Health and Safety Executive to publish a Health and Safety Framework on violence and harassment in the workplace, including violence against women and girls and gender-based violence.
Adding specific obligations on employers to address violence and harassment in the workplace, focusing on sexual harassment.
What does this mean for employers?
The Bill, which is set to commence with its second reading on 7 March 2025, provides examples of harassment, gender-based violence, sexual harassment, stalking and harassment, online harassment, psychological and emotional abuse, and threats of violence.
The intention is that the Bill will act as a ‘preventative’ measure with employers required to:
- Conduct risk assessments to identify potential harassment risks
- Implement policies and procedures to eliminate these risks
- Provide employees with training on recognising and preventing harassment
This approach is designed to instill control measures to mitigate risks by establishing clear reporting mechanisms for incidents of violence and harassment.
Is it necessary?
In the Motion to put this bill forward, it was outlined that a ‘TUC poll shows that three in five women, 58 per cent, have experienced sexual harassment, bullying, or verbal abuse in the workplace’[1].
This suggests that more preventative measures are required. However, we would suggest that we have yet to see the impact of The Worker Protection (Amendment of Equality Act 2010) Act 2023, which only came into force on 26 October 2024.
It introduced a new duty on employers to take reasonable steps to prevent sexual harassment in the workplace, including harassment by third parties.
Despite the positive impact the Bill may have on employees in the workplace, the crux will be finding the right balance between reasonable steps from the employer and not expecting employers to take on role policing obligations in what amounts to serious criminal offence.
Furthermore, the Government has already indicated proposals to extend this duty The Employment Rights Bill aims to extend this duty, so that employers must take reasonable steps to prevent sexual harassment in the workplace.
The result of this extension is employer liability for third party harassment in relation to all relevant protected characteristics.
Whilst the overarching principle cannot be faulted, it is hoped that the parliamentary drafters do not accidentally create a complex web of regulations and duties that becomes indigestible and impossible to navigate for employers to comply with any of the new duties placed on them and accidentally fall foul.
However, the proposals put forward as part of the private members bill for eliminating harassment are all worthwhile action points for employers to meet the existing obligations.
Looking forward
There is limited information about the Bill and whether it will become law. Currently, there are no publications for the bill, as it is yet to be fully drafted.
As further details emerge on this Bill and if it appears on course to become law, we will provide further updates.
If you wish to discuss anything raised in this article, please do not hesitate to contact us.
David Leach is an Associate and Madina Sakhi is a Paralegal at Sharpe Pritchard LLP.
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[1] Health and Safety at Work etc. Act 1974 (Amendment) Bill – Early Day Motions – UK Parliament
