Employment Rights Bill

Baroness Bennett of Manor Castle Excerpts

Report stage
Monday 14th July 2025 Lords Chamber

[Baroness Kramer (LD)]

My Lords, I am going to speak very briefly, because the noble Baroness, Lady Smith of Llanfaes, has given such an effective speech, which outlines the issue, and the hour is late.

When she first came forward with the proposal for the Health and Safety Executive, I thought, “My goodness, here is a body that could effectively deal with harassment and violence in the workplace, because it knows how to respond very quickly to situations that put people into an unsafe set of circumstances”. I suspect that, when the HSE was first put in place, sexual harassment and violence were probably considered somewhat acceptable, or they were domestic or private. They were certainly not something that an employer or workplace should be concerned about. Well, times have changed and we no longer look at it that way.

It is therefore entirely appropriate to update the HSE’s role to take on these issues. It is very easy to see how effective that organisation could be in closing down both harassment and violence. It is a respected organisation; people in a workplace know that it will act and it will enforce. Those kinds of behaviours make a great difference to the whole culture within the workplace. So I thought that this was an ingenious approach, which I very much want to back, because we all want to stop violence and harassment and here is a mechanism that does that with very little change to the existing organisational structures, but by giving power and responsibility to an organisation that has the capacity to deal with the problems effectively.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I will speak very briefly. It is a great pleasure to follow the noble Baroness, Lady Kramer, who very powerfully made the case for Amendment 48. I am going to focus on Amendment 47. The noble Baroness, Lady Smith of Llanfaes, has already made the case for that very powerfully, but I will add one very recent set of statistics to it.

The noble Baroness mentioned unions and, just last week, Unite put out a study that polled women across the 19 sectors of work that it covers. It found—these figures are truly shocking—that a quarter of respondents said that they had been sexually assaulted at work, in a workplace-related environment or on the way to and from work. Some 8% said that they had been a victim of sexual coercion at work. This is the sort of situation that was referred to by the noble Baroness, Lady Smith.

People are in insecure employment and zero-hours contracts, which the Government are doing something about—perhaps not quite enough but something. If you are in a situation where you desperately need those hours and the supervisor decides where on the rota you are and how many hours you will get, that puts the supervisor in an incredible position of power, which can and clearly is being abused.

What is really telling is that 56% of respondents said they had heard a sexually offensive joke at work and 55% had experienced unwanted gestures or sexual remarks. I am sure the government response will be to tell us that they are taking measures to react, but, crucially, Amendment 47 sets out a responsibility to prevent it happening.

This really needs to be regarded as a public health measure. We hear often in your Lordships’ Chamber about the issues around mental health and well-being and the problems we have in our society. If you are forced to keep going into a workplace that is actively hostile to you, with gender harassment and abuse, then that will be very bad for you and for the company. As a society, we should not tolerate it.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank the noble Lords who have contributed to this debate, and in particular the noble Baroness, Lady Smith of Llanfaes, for introducing it. We must, of course, recognise that violence and harassment in the workplace are unacceptable in any form. It is also important to acknowledge that women, particularly in certain sectors, are often at greater risk and may face additional barriers to speaking out or seeking redress.

This amendment raises serious and pressing concerns about how we ensure that all workplaces are safe, inclusive and free from abuse. The call for more proactive duties on employers and greater involvement from the Health and Safety Executive is one approach to addressing these challenges. However, as with any proposed legislative change, it is right that we consider carefully the potential implications, including how such duties would be enforced, the capacity of the Health and Safety Executive, and how we balance existing legal protections with any new obligations we would place on employers. I am very interested to hear what the Minister has to say on this point, particularly with regard to how the Government see the role of regulation, guidance and support in preventing workplace violence and harassment.

In Amendment 47, my interest was piqued by subsection (3C) to be inserted by the proposed new clause, which refers to

“gender identities, including women and girls”.

That seems to me to stray dangerously on to Supreme Court territory, which, as I understand it, we have yet to hear the EHRC’s guidance on. It strikes me as a tad premature, but I am interested to hear what the Minister has to say on it.