Source · Select Committees · Women and Equalities Committee
Recommendation 16
16
Rejected
Government weakening of Worker Protection Act leaves vulnerable women exposed to sexual harassment.
Recommendation
The Government’s weakening of the Worker Protection Act 2023 has let down women already vulnerable to sexual abuse and harassment in insecure work settings. While we welcome the duty on employers to take ‘reasonable steps’ to protect their employees from sexual harassment, without third-party harassment liabilities, it will be harder for employees to bring a case against employers who have failed to protect them from sexual harassment from audience members and from staff they have not employed. While few cases were brought under the previous provisions, in removing them the Government underestimated their deterrent effect and encouragement of best practice. There is overwhelming support for their reinstatement. (Conclusion, Paragraph 89)
Government Response Summary
The government rejects the call to reintroduce employer liability for third-party harassment, stating it has no current plans to do so. It highlights the Worker Protection (Amendment of Equality Act 2010) Act 2023, which introduces a duty on employers to prevent sexual harassment.
Government Response
Rejected
HM Government
Rejected
The Equality Act 2010 provides legal protections against sexual harassment in the workplace. In response to the Women and Equalities Select Committee’s fifth report of session 2017–19, the Government held a public consultation and public questionnaire about the effectiveness of anti-harassment law. Following this, we supported the passing of the Worker Protection (Amendment of Equality Act 2010) Act 2023, which will introduce a duty on employers to take ‘reasonable steps’ to prevent sexual harassment of their employees from October 2024. The employer duty will send a strong signal to employers that they need to take action to prioritise prevention of sexual harassment and ultimately improve workplace practices and culture. In each sexual harassment case, where the tribunal has found in favour of the victim and also concluded that there has been a breach of the employer duty, the employment tribunal judge may order an uplift of up to 25% on the compensation awarded for the sexual harassment. The Government has no current plans to reintroduce employer liability for third-party harassment.