Employment Rights Bill

Baroness Smith of Llanfaes Excerpts

Committee stage
Wednesday 21st May 2025 Lords Chamber

Moved by

[Baroness Smith of Llanfaes]

99: After Clause 22, insert the following new Clause—
“Duty to prevent violence and harassment in the workplace(1) Section 2 of the Health and Safety at Work etc. Act 1974 (general duties of employers to their employees) is amended as follows.(2) After subsection (2)(e) insert—“(f) the adoption of proactive and preventative measures to protect all persons working in their workplace from violence and harassment, including—(i) gender-based violence;(ii) sexual harassment;(iii) psychological and emotional abuse;(iv) physical and sexual abuse;(v) stalking and harassment, including online harassment;(vi) threats of violence.”(3) After subsection (3) insert—“(3A) It shall be the duty of every employer to prepare, and as often as may be appropriate revise, an assessment to identify potential risks of violence and harassment in the workplace and implement policies and procedures to eliminate these risks so far as is reasonably practicable.(3B) It shall be the duty of every employer to provide training to all employees on recognising and preventing violence and harassment in the workplace, with a focus on gender-responsive approaches.(3C) In subsection (3B) a “gender-responsive approach” means taking into account the various needs, interests, and experiences of people of different gender identities, including women and girls, when designing and implementing policies and procedures. (3D) In this section, “persons working in their workplace” includes—(a) employees,(b) full-time, part-time, and temporary workers, and(c) interns and apprentices.(3E) In subsection (2)(f) and subsections (3A) and (3B), a reference to the workplace includes remote and hybrid work environments.””Member's explanatory statement
This new clause will amend the Health and Safety at Work etc. Act 1974 to place a duty on employers to protect all those working in their workplace from gender-based violence and harassment.

[Baroness Smith of Llanfaes (PC)]

My Lords, I thank both the noble Lord, Lord Russell, and the noble Baroness, Lady Bennett, for signing Amendments 99 and 100. As I open the debate on them, I look forward to hearing from all Members who would like to engage on this very important topic of tackling workplace gender-based violence and harassment.

First, I thank the Minister for meeting me ahead of today to discuss these amendments. I am grateful for the engagement on this matter and hope that it continues. I also thank a number of organisations for their support in the drafting of the amendments: the Suzy Lamplugh Trust, Rights of Women and the Workers Policy Project. The formation of the amendments began with the Private Member’s Bill to the same effect tabled by my Plaid Cymru colleague in the other place, Liz Saville Roberts, who is below the Bar today. Finally, I thank Mr Richard Spinks for sharing his personal story. Mr Spinks has experienced the most devastating consequence of the inadequacy of protections against gender-based violence in the workplace in the tragic loss of his daughter, Gracie, and I am thankful to him for showing his support for these amendments.

Amendments 99 and 100 attempt to tackle those very inadequacies in employee protections. By amending the Health and Safety at Work etc. Act 1974, Amendment 99 would introduce clear, actionable duties for employers to protect workers from violence and harassment, including risk assessments and policy development. It would provide recognition and prevention training to all employees. Amendment 100 would mandate the Health and Safety Executive to develop and publish an enforceable health and safety framework on violence and harassment in the workplace and issue guidance for employers in collaboration with relevant bodies.

The prevalence of sexual harassment and violence in the workplace across the UK shows that interventions such as these amendments are unfortunately absolutely necessary. The Government Equalities Office’s survey in 2020 found that 29% of those in employment reported having experienced some form of sexual harassment in their workplace or workplace environment in the previous 12 months, and only 15% reported it. A 2024 study by Sheffield Hallam University found that sexual harassment is particularly high in traditionally male-dominated and female-dominated industries, and highest in hospitality. Given that workers may be unlikely to recognise some of their experiences as sexual harassment, these numbers are probably much higher in reality. This is also true of gender-based violence, psychological and emotional abuse, physical and sexual abuse, stalking and harassment, and threats of violence. In fact, 56% of calls to Rights of Women’s sexual harassment at work advice line are made up of reports of sexual assault, rape, stalking and coercive control.

However, despite the UK ratifying ILO Convention 190 in 2022 to enhance worker protections against workplace violence and harassment, there are significant gaps within our legal framework to protect workers from those kinds of harm. The status quo is deeply lacking, and we are currently failing our women as a result, such as in the case of some 100 women, according to the police, who have accused Harrods owner Mohamed Al Fayed of offences including multiple counts of rape and attempted rape. Despite being owner of the Ritz Paris hotel and Fulham Football Club at the time, he was never held to account.

My mind turns also to those eight people, most of them current or former BBC staff, stalked by former BBC radio presenter Alex Belfield, who was also sentenced to a five-and-a-half-year term for harassing four people online, and Gracie Spinks, who was killed by a former male colleague, Michael Sellers, after having reported his obsessive behaviour towards her to her employer, Xbite. The inquest into Gracie’s death found that seven other Xbite employees had received unwanted attention from Sellers, with most consequently leaving their jobs while he continued to work for the company until dismissed in February 2021. Many said the company was aware and had spoken to him about his inappropriate behaviour.

Incidents such as these show the dangers of employer inaction under current regulations, and His Majesty’s Government are not absolved of this, with sexual assault, harassment and abuse having taken place at the Ministry of Defence, according to 60 senior women in 2023. The reluctance of employers—and that includes public bodies—to address such behaviours directly endangers people’s lives.

I understand that it is His Majesty’s Government’s belief that the worker protection Act 2023 has addressed some of these regulatory gaps. I, however, disagree. That Act was introduced to tackle the issue of sexual harassment in the workplace by creating a preventive duty requiring employers to take reasonable steps to prevent sexual harassment in their workplaces. That is a commendable effort, but there are key issues with that legislation.

First, an automatic investigation into a breach of this duty takes place only after an individual successfully brings a claim of sexual harassment. This severely limits the preventive function. Secondly, it excludes other forms of gender-based violence in the workplace, including physical, psychological and emotional abuse, which form part of the recommendations of the ILO 190. It is clear that there is real need for legislation that requires employers to proactively create a safe work environment, one that addresses wider gender-based violence. The Employment Rights Bill is a good vehicle to bring about this change, cementing further the need to address sexual harassment and violence in the workplace as the employment-related issue that it is.

--- Later in debate ---

[Lord Leong (Lab)]

I thank the noble Lord, Lord Russell of Liverpool, for that, and I hear what he says. But I stress here, with all the current legislation in place, that there must have been cases before us that we can learn lessons from. What we need to do, and do better, is use “black box thinking”, where we can learn from what has happened and hopefully share with other regulators what works and what may not have worked, so that we can address a problem rather than bring in more legislation. We can look at what has been successful and share those successes among other enforcers as well.

I conclude by saying that the Government remain committed to raising awareness of this important issue. I can confirm that the Minister, my noble friend Lady Jones, has already met with Minister Jess Phillips and Alex Davies-Jones, and we continue to work with them to try to see how we can come together on this. I therefore respectfully ask the noble Baroness to withdraw her amendment.

[Baroness Smith of Llanfaes (PC)]

My Lords, I thank everyone who has spoken in this debate. I am grateful to those who have shown support for these amendments and also those who support the outcome these amendments are trying to achieve. I will reflect on what we have discussed in this debate today, ahead of Report.

On the point made by the noble Baroness, Lady Fox, about a “gender-responsive approach”, I can clarify what that entails. The amendment addresses the different situations, roles, needs and interests of women, men, girls and boys in the design and implementation of activities.

As we have hit on during this debate, the status quo is clearly not working. I know that the Minister outlined in his response the preventative measures being put on to employers. But, as I have explained, those preventative measures are not actually preventative, because you have to prove your sexual harassment claim in order for it to be a breach. Even in the language we use about what is currently in place, it is not preventative. I welcome further discussion with the Minister following this, and hopefully we can come to an agreement on how we can bring this forward within the wider approach.

I will withdraw my amendment today, but I retain my right to bring back further amendments on Report. I hope that His Majesty’s Government reflect on this debate and that we can engage further on this matter. I beg leave to withdraw my amendment.

Amendment 99 withdrawn.

Employment Rights Bill

Baroness Smith of Llanfaes Excerpts

Committee stage
Tuesday 13th May 2025 Lords Chamber

These new additional entitlements are not being kind to people. They are not being kind to a generation of young people who are watching economic inactivity in their homes. Of course, there will be people who need to be specifically categorised with physical ailments and, of course, there are people who are really very sick, but, with a 50% mental health sickness rate, I urge the Government to reflect again on these clauses.

[Baroness Smith of Llanfaes (PC)]

My Lords, I support Amendment 72 from the noble Baroness, Lady Lister, which I and the noble Baroness, Lady O’Grady, have signed. This amendment would require a review of the rate of statutory sick pay ahead of His Majesty’s Government’s 2025 Autumn Budget. It requires the Secretary of State to determine, following that review, whether the rate should be changed and to publish a Written Statement setting out the reasons for that determination.

It is important to remind ourselves what this amendment entails. As noble Lords are aware, statutory sick pay is a government scheme requiring employers to provide most employees in the UK who are absent from work due to sickness with a minimum level of pay during that period of absence. Statutory sick pay —SSP—is £118.75 per week, following an increase last month, which an eligible employee can receive for the days that they are ill and not working, except for the first three days of that sick leave. To be eligible, one must be classed as an employee and have done some work for the employer, earn at least an average of £125—previously £123—per week, and have been ill for more than three days in a row. It is only on that fourth day that they receive SSP.

The scheme as it stands is ineffective and causes hardship. As we have heard from the noble Baroness, Lady O’Grady, according to the TUC, 28% of employees receive only basic SSP when ill, meaning that they are reliant on this very small weekly amount during that period of illness. The TUC adds that

“there are 1.1 million workers earning below £123 per week who are not eligible for SSP”,

with most of those workers being women.

Considering also the penalty of a three-day delay until an eligible employee can claim SSP, it is clear that reforming SSP is both necessary and overdue. I therefore welcome the provisions under the Employment Rights Bill that will see SSP payable from the first day of incapacity to work by way of Clauses 10 and 12, and the removal of the lower earnings limit—that is, the requirement to earn at least £125 per week—through Clauses 11 and 13. However, Clauses 11 and 13 also set in legislation that the rate of SSP will be set at the lower of £118.75 or 80% of the employee’s normal weekly earnings. That payment is extremely low by international standards, as we have heard from many noble Lords. It is one of the lowest rates in the OECD.

If you were to divide this amount by a typical 40 hours worked by full-time employees in a week, this would provide under £3 per hour to employees who are ill. Of course, many workers work more than 40 hours per week, decreasing this hourly amount even further. But in the context of rising housing costs, food prices, energy bills and household bills, such a small payment is inadequate to meet basic living standards. I ask your Lordships: do we believe that those people can survive on £3 an hour? That is an important question that we must consider when we look at this amendment.

In fact, in the context of universal credit, the Joseph Rowntree Foundation estimates that to afford the basic household essentials, a single adult requires at least £120 a week and a couple £205 a week. It is clear that a review of the adequacy of the SSP rate is crucial to ensure people are not plunged into poverty just for becoming ill, which is something that happens to all of us. Proposed new subsection (7), in Amendment 72, makes provision for the Secretary of State to ensure that no employee receives less statutory sick pay than they would have received before the Bill’s enactment, as a result of changes under Clause 11. This is important because according to the TUC, an 80% replacement rate as under the Bill will see 300,000 workers entitled to a lower rate of SSP than currently. Many of these individuals work for multiple employers, work part-time and receive low wages. According to the Safe Sick Pay campaign, three-quarters of those impacted will be women. Disabled people will be disproportionately affected, almost half of whom are aged between 20 and 54.

Using the SSP amounts in place before April, the Safe Sick Pay campaign outlined the example of an employee who will now lose out. That employee, working for multiple employers, earning £123 a week, would have received £116.75 a week of statutory sick pay because they earned above the lower earnings limit. Following the Bill as it stands, that same employee will see a 16% reduction in their entitlement and receive only £98 a week, as this would represent 80% of their earnings. Many workers, particularly those in low-pay positions, already struggle to afford the shortfall caused by SSP when ill. Increasing that shortfall will make it more unlikely that workers will have adequate savings to mitigate the loss of income. Proposed new subsection (7), in Amendment 72, provides a way for the Secretary of State to rectify this situation and ensure that no one is worse off as a result of SSP changes made by the Bill. It is vital that His Majesty’s Government do not intentionally or unintentionally cut sick pay for hundreds of thousands of workers.

I will now briefly turn to some of the other amendments and the debate on this group so far. Amendment 73 in the name of noble Baroness, Lady Coffey, and Amendment 74 in the name of the noble Lord, Lord Fox, call for the establishment of a scheme for reimbursement of statutory sick pay costs incurred by companies with fewer than 250 employees. This is an interesting proposal, as we have heard from the noble Baroness, although we have yet to hear from the noble Lord, Lord Fox. I look forward to hearing the Minister’s response on the practicalities of such a proposal.

I feel very strongly that mental health is health, and that this is not just to do with those facing mental health conditions; it goes wider than that. It is important to note that this is about all workers who have been signed off from work; there are lots of different reasons why they might be ill, including those relating to mental health.

The aims of these amendments differ from those of Amendment 72, which seeks to address gaps in the Bill concerning adequate sick pay for workers—gaps that cause some concern, especially the consequential effects on low-paid workers. I hope that, in responding, the Minister addresses my concerns: the adequacy of the SSP rate as set out in the Bill; the effect on low-income workers, without relying on the welfare system to offset that effect; and whether His Majesty’s Government will commit to a review of SSP rates, so that workers are not punished by measures in a Bill which is expected to strengthen their workplace rights.

Employment Rights Bill

Baroness Smith of Llanfaes Excerpts

2nd reading
Thursday 27th March 2025 Lords Chamber

[Baroness Smith of Llanfaes (PC)]

I congratulate all four new Members on their maiden speeches today. I also thank the many Members who have raised the importance of introducing paid leave for carers; having experienced being an unpaid carer myself, I have lived the very realities of working while caring.

I welcome the Bill as a significant step forward for workers. I will, however, be focusing my remarks on where it falls short: in addressing sexual harassment and violence in the workplace. A 2023 TUC poll revealed that three in five women have experienced sexual harassment, bullying or verbal abuse at work, with the figure rising to almost two-thirds among women aged 25 to 34. Four out of five women do not report the sexual harassment they have experienced, and many workers leave their jobs rather than report it. The End Not Defend sexual harassment campaign highlights that young women, disabled workers and those from BME backgrounds are disproportionately affected due to their overrepresentation in precarious employment. This underscores the urgent need for the measures outlined in Clauses 19 to 22.

Although amending the Employment Rights Act 1996 to protect whistleblowers and requiring employers to take reasonable steps to prevent harassment are positive moves, these measures may not go far enough. Limiting interventions to sexual harassment may leave victims and potential victims of other gender-based violence in the workplace outside the Bill’s protection. Questions also remain about how non-compliance will be enforced. By amending the Equality Act, the Equality and Human Rights Commission is understood to be the regulator here. However, as it stands, it has limited enforcement powers, and its mandate to regulate only sexual harassment limits its ability to address the health and safety implications of violence against women in the workplace.

A more effective solution would be to treat gender-based violence and harassment in the workplace as a health and safety issue. Under the Health and Safety at Work etc. Act 1974, employers already have a duty to protect employees’ health and safety. By amending that Act, we could ensure that gender-based violence is explicitly covered as an enforceable health and safety measure overseen by the Health and Safety Executive, which already has the authority to inspect, fine and prosecute employers for non-compliance. That would offer a structured and enforceable approach to safeguarding employees, particularly women, from violence in the workplace. The noble Lord, Lord de Clifford, earlier noted concerns in relation to the clauses on harassment. However, the Health and Safety Executive has a track record of providing training and guidance, so this could be an alternative way forward.

Despite years of Government promises, according to a critical report published by the National Audit Office in January the epidemic of violence against women and girls continues to worsen. To end this behaviour in the workplace, we must confront misogynist culture directly. His Majesty’s Government’s goal to halve violence against women and girls by the end of the decade demands nothing less.

I look forward to the Minister’s response. I would appreciate further clarification on the enforceability of non-compliance under Clauses 19 to 22, as well as measures to address gender-based violence at work. I also look forward to engaging with all Members on this topic in Committee, as well as on paid leave for carers, improving paternity leave and addressing the gaps in sick pay.