Oral Answers to Questions

Rachael Maskell Excerpts

Thursday 22nd February 2018 Commons Chamber

[Suella Fernandes]

Yes, we have a proud record, history and tradition in the UK of supporting workers, protecting civil liberties and championing human rights. Leaving the EU will in no way affect that historical tradition, of which we can all be proud.

[Rachael Maskell (York Central) (Lab/Co-op)]

4. If the Government will bring forward legislative proposals to amend section 40 of the Equality Act 2010 to protect employees from sexual harassment by third parties in the workplace.

[The Minister for Women (Victoria Atkins)]

The Equality Act 2010 provides protection from harassment for employees, whether committed by their employer, co-workers or a third party. The coalition Government repealed the third party harassment provisions in section 40 of the Equality Act because they were unnecessary and overcomplicated. Employers have a legal obligation to protect their workers, and may be liable if they fail to take reasonable steps to prevent harassment of workers by third parties.

[Rachael Maskell]

I refer to my entry in the Register of Members’ Financial Interests. Unite’s campaign “Not on the menu” in the hospitality sector, and its research with cabin crew showing that the majority experience sexual harassment, demonstrate emphatically why section 40 of the Equality Act 2010 is vital. Will the Minister commit to implementing it, but with intervention after one episode not three, and focus on a zero-tolerance approach to any form of sexual harassment in the workplace?

[Victoria Atkins]

I am most concerned to hear about those incidents of harassment, and the hon. Lady should be reassured that they are covered already by the Equality Act. The reason those provisions in section 40 were repealed was that, as she has identified, they required not one but three occasions of harassment, and we know that, in the three years those provisions were in place, they were used only once. We have tried to improve the law, and I would encourage her to encourage people to use it.