Worker Protection (Amendment of Equality Act 2010) Bill

James Wild Excerpts

Friday 3rd February 2023 Commons Chamber

[James Wild (North West Norfolk) (Con)]

I congratulate the hon. Member for Bath (Wera Hobhouse) on her work in bringing this important measure to the House and on reaching this stage. Harassment in the workplace is rightly taken seriously, given the damaging impact that it can have on individuals. However, I rose to speak because we are considering a lot of employment legislation and it is important to put on the record that the overwhelming majority of employers, large or small, do the right thing by their staff. They want them to grow and have a rewarding career. Unfortunately, there are some employers where that is not the case. That is why the legislation is needed, but it is important that we recognise the enterprise economy that is so important in our country.

The genesis of the Bill was the 2018 Court of Appeal ruling, which made it clear that employers were not liable for third-party harassment of their staff. It clarified that the law does not extend an employer’s liability to instances of staff being harassed by third parties outside their direct control. The legislation would create new liabilities, treating an employer as harassing an employee if the employee, in the course of their employment, is harassed by third parties and, crucially, the employer fails to take all reasonable steps. That, as a number of colleagues said, is the key point. It is vital that that reasonableness defence protects employers from acts that they could not reasonably be seen to be responsible for. I therefore join in welcoming the amendment agreed to by the House, which improves the Bill, and I hope that the Minister will give further certainty and commit in guidance to set out much more clearly the position for employers so that they know precisely what they have to do.

This measure undoubtedly has widespread support. In the response the Government published in 2021, 87% of respondents said they supported the measure, but that research also worryingly highlighted that younger people, as well as disabled people, were more likely to be subjected to sexual harassment in the workplace. As I said in a previous debate, they are precisely the vulnerable people we are here to protect.

I look forward to the Bill completing its remaining stages and enhancing protections for employees, but I want further clarification and an appropriate limitation of liability for employers.

[Mr Deputy Speaker (Sir Roger Gale)]

I call the Opposition Front Bencher.