Worker Protection (Amendment of Equality Act 2010) Bill

Imran Hussain Excerpts

Friday 3rd February 2023 Commons Chamber

[Imran Hussain (Bradford East) (Lab)]

I join others in thanking the hon. Member for Bath (Wera Hobhouse) for introducing this important Bill. She rightly says the levels of harassment in our workplace today are a stain on society and unacceptable in these times. I first want to make it absolutely clear that this Bill is very important and desperately needed, as I know Members across the House agree.

As I set out on Second Reading, about half of all women have experienced sexual harassment in the workplace according to the TUC, and according to the Government Equalities Office around 80% of women who have faced harassment do not go on to report it. This harassment harms not only their prospects, progression and confidence in the workplace, but their mental and physical health. It is, frankly, an experience nobody should ever have to face. That is why the Labour party supported the Bill on Second Reading and supported it without amendment in Committee, to get it on to the statute book as soon as possible.

However, we are frustrated and deeply disappointed by the amendment the Government have tabled at the last minute. It was laid without any prior consultation with any group from the women and equalities sector, without any mention during the Bill’s previous stages, and with just a week’s notice before today’s debate. We believe it significantly waters down protections against harassment in the workplace, absolving employers of liability and letting perpetrators off the hook in certain circumstances. It is also particularly disappointing given that since 2021 the Government have given the impression to women and equalities organisations that they have changed their minds on the scrapping of employer liability for third parties in 2013. That is an important point. While the legislation as proposed is a lot stronger, the protection on third-party liability in the workplace did exist in the Equality Act 2010 before it was repealed in 2013 by the coalition Government.

The Government had given the impression to women and equalities organisations that they had changed their mind on scrapping employer liability and had listened to the Women and Equalities Committee 2018 inquiry, and their response to the consultation findings seemed to make it clear that Ministers were committed to introducing the measures set out in this Bill, so what has changed and why did they not make their position on this matter clear on Second Reading? Why did they not consult on it with third sector organisations including the Fawcett Society, the EHRC and the TUC, who have been blindsided by this amendment?

[Wera Hobhouse]

I share the hon. Gentleman’s concerns, but after consulting with the EHRC and the Fawcett Society I have come to the conclusion that the overall aim of the Bill will not be compromised by the amendment. I am supporting the amendment, therefore, but I agree with the hon. Gentleman and I hope he will clarify that he supports the Bill overall.

[Imran Hussain]

Absolutely. The hon. Lady will know that, of course, our position is to support the Bill, because weaker legislation is better than none at all, but she will understand that at the heart of our point is the message that we send by watering down the Bill. Although, as hon. Members have argued, the amendment itself would not facilitate harassment, it would send a message and could create a culture. That could lead down a slippery slope towards harassment. On that basis, we are absolutely clear that the amendment is a watering down of the measures. I understand the hon. Lady’s predicament, which she has set out.

[James Sunderland]

I am struggling to understand the shadow Minister’s position. Does he support the amendment or not?

[Imran Hussain]

I think we have made our position absolutely clear. We want this important legislation in statute, so although we feel that it is considerably weakened by the amendment, we will support it. Weakened legislation is better than no legislation—I thought that I had made myself absolutely clear on that.

I know that we are keen to move this legislation on, so I will make it absolutely clear right now that the next Labour Government will require all employers to create and maintain workplaces that are absolutely free from sexual harassment, including by third parties, in all circumstances. We will achieve that through our new deal for working people, delivered within our first 100 days of office. We are proud to be the party of and for working people, and the party that introduced the groundbreaking Equality Act 2010.

Although this important Bill has been significantly weakened, we will nevertheless support it so that together we can challenge the sexual harassment that happens, particularly in our workplaces, against women and girls.