New harassment law makes employers responsible for customer behaviour
New legislation aimed at protecting employees from harassment in the workplace has been met with criticism, despite its support from government.
The Worker Protection (Amendment of Equality Act 2010) Bill is a private members bill sponsored by Wera Hobhouse, a Lib Dem MP, and supported by the government. It has passed its first reading, second reading, Committee stage and Report stage in the House of Commons, as well as its first reading in the House of Lords. It is due to have its second reading in the Lords imminently.
An amendment to the Equality Act backed by ministers, the Bill will make employers liable for third-party harassment – meaning from members of the public, as well as from fellow staff members.
Under clause one of the Bill, employers will be required to take “all reasonable steps” to protect their employees from harassment of any kind, and failure to do so will leave them vulnerable to being sued by their employees.
The Free Speech Union has expressed its concerns about this Bill, which, it says, will have grave implications for freedom of speech, as well as impose huge compliance costs on Britain’s one-and-a-half million businesses. The union says:
“We don’t think it’s an exaggeration to say it is the most momentous and far-reaching piece of legislation currently before Parliament, yet it has received very little pre-legislative scrutiny and provoked almost no debate in the public square.”
The Bill will extend employers’ liability for harassment under the Equality Act 2010 to third parties, meaning that if an employee is harassed by a member of the public whom they come into contact with in the course of their work, e.g. a customer, they can sue their employer unless the company has taken ‘all reasonable steps’ to protect them from being harassed in this way.
Harassment is unwanted verbal, non-verbal or physical conduct that violates the dignity of a person or creates a hostile, degrading, humiliating or offensive environment. Blaspheming could also be deemed harassment on the grounds of religion or belief, especially where someone has a strong faith. Swearing, when linked to racist, sexist or homophobic language, can also be deemed harassment.
The Free Speech Union says:
“If this Bill was merely concerned with sexual harassment, we would have few objections to it. Indeed, when we have flagged it up to lobbyists in the hospitality sector, their understanding, without exception, is that the only form of third-party harassment employers will be liable for if this Bill becomes law is sexual harassment. But Clause 1 of the Bill will create liability for third-party harassment of all kinds, not merely sexual harassment. Just as employers are currently liable if they haven’t taken ‘all reasonable steps’ to prevent an employee overhearing another employee saying something offensive that relates to a protected characteristic, so they will be liable if an employee overhears a member of the public saying something offensive.”
The Free Speech Union has written to Kemi Badenoch, the Business Secretary and Minister for Women and Equalities, asking her to press pause on this Bill.
Read the Free Speech Union full briefing here.
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