Employment Rights Bill (Ninth sitting)

Michael Wheeler Excerpts

Committee stage
Tuesday 10th December 2024 Public Bill Committees

[Michael Wheeler (Worsley and Eccles) (Lab)]

I refer the Committee to my declaration in the Register of Members’ Financial Interests and my membership of trade unions. It seems that my thoughts align with those of my hon. Friend the Member for High Peak on the reasonableness of completely unforeseeable and unexpected things, but I would go a slight step further on what we are looking for from employers.

Even in circumstances in which something is so completely unexpected and unforeseeable that it might be reasonable for preparatory measures not to be in place, the duty would also address how employers respond. It is about having systems in place to react to incidents when they happen, rather than foreseeing every possible eventuality of the completely unexpected and unforeseeable. We can have supportive measures in place to prevent harassment from continuing or from happening again, and to support the individual.

[Greg Smith]

I understand the hon. Gentleman’s point. I broadly agree, but my challenge to him is that reasonableness can be interpreted in many different ways. There will always been an appeals process or something similar, but I worry that unless the legislation is clearer, some good-willed employers who are entirely honest and decent in how they try to protect their staff could, in some circumstances, be on a very sticky wicket trying to defend themselves against something that they never foresaw or dreamed of. They may have been a little too innocent, but they will find themselves in a difficult spot. That is where safeguards need to be locked into the legislation in respect of what is a very subjective test.

I was about to come on to an example. I will preface it by saying that absolutely nobody should be abused in the workplace and absolutely nobody should face any form of harassment in the workplace. However, let us think for a moment about how some of the Bill’s provisions would operate in an NHS accident and emergency department. In any A&E up and down the land, our wonderful doctors and nurses sometimes put themselves in harm’s way, particularly late at night. Perhaps they have a patient who is clearly inebriated but has injured themselves. I am not excusing it for one second, but it can and does happen. Let us say that an incredibly drunk patient, who may have fallen and broken their hand, verbally abuses—not sexually harasses—the doctor or nurse treating them. The doctor or nurse does not deserve that, and that behaviour should not be happening, but I would wager that it happens most Friday or Saturday nights somewhere. It is unacceptable, but it does happen. What should happen in that circumstance?