Women: Events Industry

Baroness Afshar Excerpts

Tuesday 30th January 2018 Lords Chamber

[Baroness Williams of Trafford]

My Lords, the noble Baroness is absolutely right. In 2013, the coalition Government did indeed repeal specific provisions of Section 40 of the Equality Act 2010 which explicitly made an employer liable where they knew an employee had been harassed at work by a third party on at least two previous occasions and failed to take reasonable steps to prevent it. These provisions, as well as being quite confusing, were considered redundant, as an employer can be liable for third party harassment under the ordinary harassment provisions in Section 26 of the Act.

[Baroness Afshar (CB)]

My Lords, given that these young women are not very confident, is it not unreasonable to expect them to read gagging orders, find out what the problem is and then deal with it? Would it not be better to put the responsibility on the employers, who should not be employing them in the first place with this kind of responsibility?

[Baroness Williams of Trafford]

My Lords, I think the noble Baroness has made the point that I was trying, perhaps not very articulately, to make. A gagging clause will not, in and of itself, protect an employer or someone who is, say, employing, a waitress for an evening. In fact, it will go further than that and void that contract or agreement.