New Third Party Harassment Liability for Employers

There is currently a Private Members Bill (The Worker Protection (Amendment of Equality Act 2010) Bill) which creates liability for employers for harassment of employees by third parties which had its first reading in the House of Lords on 6 February 2023.

The new legislation would amend the Equality Act 2010 which would include creating a new claim where an employer will be treated as harassing an employee (engaging in unwanted conduct related to a relevant protected characteristic) when a third party such as a customer or client harasses an employee in the course of their employment and the employer has failed to take all reasonable steps to prevent that harassment. 

A new duty will be created on employers to take all reasonable steps to prevent sexual harassment of employees in the course of their employment. An uplift in compensation of up to 25% could be ordered to reflect an employer’s breach of the duty to take reasonable steps to prevent sexual harassment if a Tribunal upholds such a claim. 

The new legislation would be supported by an EHRC statutory code of practice and guidance by the Government and Equalities office.

A date for the second reading has not been set but this is certainly legislation to watch out for… 

Worker Protection (Amendment of Equality Act 2010) Bill Private Members' Bill (Ballot Bill)

https://bills.parliament.uk/bills/3205