Worker Protection (Amendment of Equality Act 2010) Bill

Wera Hobhouse Excerpts

2nd reading
Friday 21st October 2022 Commons Chamber

[Wera Hobhouse (Bath) (LD)]

I beg to move, That the Bill be now read a Second time.

I was very excited to be placed 15th out of 20 in the private Members’ Bills ballot earlier this year. My number was 461 because in 2017 I was the 461st woman ever to be elected to Parliament. I owed it to my winning number to introduce a Bill that would improve women’s equalities, rights and protections. The Bill will protect not only women but all employees from sexual harassment in the workplace, but the great majority of people affected by the new legislation will be women.

I thank the Fawcett Society and the Government Equalities Office for their tireless work on drafting the Bill and for many prior years of campaigning. My thanks also go to the Women and Equalities Committee, whose inquiry into workplace harassment led to a 2018 report that was influential in driving the proposed changes in the law.

For too long, women and girls have been unsafe in the workplace. An Opinium survey suggests that 20% of the UK population have experienced some form of sexual harassment in the workplace. That is more than 10 million people—a shocking number. It is therefore right and imperative that the law changes to protect people in work. In these testing times, such legislation is more important than ever.

Harassment is both morally unacceptable and bad for the economy. Evidence suggests that disrespectful and abusive work practices lead to lower performance and productivity and increased staff turnover. Even for those who are not compelled by the moral reasoning behind increased protection from workplace harassment, it is hard to ignore the economic arguments.

The 2018 Presidents Club scandal highlighted the extent to which people are currently unprotected by the law. In that instance, young female hostesses were allegedly sexually harassed by businessmen at a notorious men-only dinner, being instructed to wear “black, sexy shoes” and black underwear. Those women, who faced violations of their dignity, would not have had recourse to the law as it stands. Sexual harassment by third parties is a major problem in the UK. A 2017 survey suggested that 18% of those who had experienced workplace sexual harassment said that the perpetrators were clients or customers. Some 1.5 million people have been harassed by a third party, meaning that clients or customers were allowed to harass 1.5 million workers.

Workplace sexual harassment is widespread and widely under-reported. A TUC survey suggested that 79% of women do not report their experience of sexual harassment, for many reasons including fear of repercussions, lack of awareness regarding their rights and fear of not being taken seriously. Those concerns are heightened for people of colour, people in the LGBT+ community and people with disabilities, who already face greater discrimination in the workplace. It is understandable why people do not come forward. For one, it is not just third parties who harass people, with 20% of surveyed women suggesting that their direct manager or someone else with direct authority over them was the perpetrator. It therefore goes without saying that any reporting could have direct career implications for those involved.

Whether sexual harassment is by a third party or not, employers have not done enough to prevent and punish it. The Equality and Human Rights Commission found that in nearly half of cases reported, the employer took no action, minimised the incident or placed the responsibility on the employee to avoid the harasser. It seems that the risks of reporting sexual harassment can outweigh the merits. That is disgraceful in modern Britain. The problem is that the current laws on sexual harassment mean that employers often adopt individual responses to institutional problems. That creates space for employers to minimise what is going on and leads to confusion about how to respond appropriately. Statistics show that only 45% of managers felt supported by their organisation when reports were made to them. Ultimately, the current laws leave people who have encountered traumatic experiences unsupported. We can and must do better.

The Government agree that more needs to be done to tackle sexual harassment in the workplace. In their 2021 response to a consultation on workplace sexual harassment, the Government committed to introduce a new preventative duty for employers, to provide more explicit protections from harassment by third parties, and to support the EHRC to develop a new statutory code of practice on workplace harassments. For things to improve, we need a shift in focus from redress to prevention. Currently the question of whether employers have taken adequate steps to prevent sexual harassment arises only as a defence if an incident of sexual harassment has already occurred. That means that employers are not required to take actions that prevent sexual harassment. Indeed, the EHRC found in 2018 that only a minority of employers had effective processes in place to prevent and address sexual harassment.

The Bill would provide the shift in focus that is so desperately needed. Clause 2 would ensure that employers prioritise prevention by imposing a new duty on them to take “all reasonable steps” to prevent their employees from experiencing workplace sexual harassment. That will not require employers to do anything substantially more than what they currently must do to avoid legal liability for acts of harassment carried out by their employees, but it would mean that employers could potentially be further held to account if they have failed to take those actions, first by an uplift in the compensation awarded at an employment tribunal, and secondly through the EHRC’s strategic enforcement. That will, I hope, push employers to prioritise prevention of sexual harassment, including through improving workplace practices and culture.

The new duty would operate through dual enforcement. The EHRC may take enforcement action for a breach or suspected breach of the duty under its strategic enforcement policy. This means that women would be able to inform the Equality and Human Rights Commission of any concerns without necessarily having to take forward legal action against their employer. In addition, the employer’s duty will be enforceable by the employment tribunal in individual cases. Where the employment tribunal has found in favour of an individual claim of sexual harassment and has ordered compensation to be paid, the tribunal will examine whether and to what extent the duty has been breached.

Where a breach is found, tribunal judges will have the power to order an uplift of up to 25% of the compensation awarded. The Bill will also introduce explicit protections against third-party harassment in the workplace. Clause 1 would make employers liable for the harassment of their staff by third parties, such as customers and clients, where they have failed to take all responsible steps to prevent such harassment from happening. These protections will apply to all acts of third-party harassment in the workplace, including racial as well as sexual harassment.

Once again, there will be a system of dual enforcement. Individuals will be able to bring claims to an employment tribunal in the usual way for work-related cases under the Equality Act 2010. The Equality and Human Rights Commission will have strategic enforcement powers. Compensation will be assessed in the usual way for Equality Act claims, with the same uplift outlined earlier available in cases where a breach of duty has also been established following a successful third-party sexual harassment case.

A claim for third-party harassment could be brought after a single incident of harassment. This replaces the previous “three strikes” formulation, whereby employers needed to know of two previous incidents of third-party harassment before they could be considered liable, but employers will be able to rely on the “all reasonable steps” defence in the usual way. To ensure that employers are as informed as possible about the proposed changes, which will come into force 12 months after Royal Assent, the Government Equalities Office will support the Equality and Human Rights Commission in creating a statutory code of practice on sexual harassment and harassment in the workplace. This will be based on the technical guidance that the Equality and Human Rights Commission published in 2020 and will be introduced as the new legislation comes into force.

The Equality and Human Rights Commission will have a duty to consult on this code of practice in advance. In the meantime, the Government Equalities Office has produced guidance for employers on how to prevent sexual harassment, which I understand it is looking to publish in due course.

Let me finish by turning away from the technical details of the Bill, and return to the wider set of circumstances that makes it important for us to pass this legislation. An unacceptable number of nurses, paramedics, bar staff, people who were key workers during the pandemic and everyone in between are being subject to a form of harassment that causes a variety of harms, including psychological, physical and economic harm. Employers should be required both morally and legally to take all reasonable steps to stop sexual harassment from occurring. The fact that the law of this country does not compel them to do so is a concern.

For too long the onus for challenging sexual harassment has been on individuals. Our current laws mean that employers do not know how to respond to cases appropriately, which leaves people who have encountered traumatic experiences unsupported. Introducing a standalone preventive duty for employers will shift the responsibility from individuals to the institution. It will prevent harassment and protect victims, and it will drive a change in the culture around victim blaming. I urge that this House supports my Bill, enshrining in law historic measures to protect employees from harassment in the workplace.

I thank everybody across the House who has given support to this Bill and already committed to serving on the Committee that will ensure that the Bill progresses through the House.

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[Wera Hobhouse]

I thank everybody for their support for the Bill. As has been said, this issue does not affect only women; it affects anybody who is in work and should be protected from harassment. It should particularly introduce a culture change so that harassment in the workplace is a thing of the past. I thank hon. Members across the House, and look forward to the progress of the Bill.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).

Worker Protection (Amendment of Equality Act 2010) Bill

Wera Hobhouse Excerpts

Committee stage
Wednesday 23rd November 2022 Public Bill Committees

[The Chair]

With this it will be convenient to discuss clauses 2 to 6 stand part.

[Wera Hobhouse (Bath) (LD)]

Thank you, Mr Paisley. Before I go through the details of the Bill, I thank the Minister and Committee members for joining me to examine the Bill. I also thank the Government’s Equalities Office and the Fawcett Society for their excellent work and support over recent months. It is wonderful to see such cross-party co-operation to ensure that this important legislation makes progress.

Workplace sexual harassment is a blight on our society. It remains widespread and vastly under-reported. Half of British women and a fifth of men have been sexually harassed at work or a place of study. Too many people have been left to suffer for too long. The question of whether employers have taken adequate steps to prevent sexual harassment arises only as a defence if an incident of sexual harassment has already occurred. Employers are therefore not required to take actions to prevent sexual harassment. That leaves individuals with the burden of challenging it.

The Bill, which passed its Second Reading last month, introduces two new measures to strengthen protections for employees against harassment. The first is the introduction of explicit protections for employees from workplace harassment by third parties, such as customers and clients. The second is the introduction of a duty on employers to take all reasonable steps to prevent their employees from experiencing sexual harassment.

I now turn to the Bill’s substance, covering each of the six clauses. Clause 1 creates employers’ liability for harassment of their employees by third parties. In particular, the clause amends section 40 of the Equality Act 2010, which already makes it unlawful for an employer to harass their employees or their job applicants, by inserting proposed new subsections 1A and 1B.

Proposed new subsection 1A will make an employer liable if they fail to take all reasonable steps to prevent the harassment of their staff from third parties in the course of their employment. That includes all types of harassment under the Equality Act, including racial harassment and harassment in relation to sexual orientation, as well as sexual harassment. Proposed new subsection 1B defines a third party as someone other than the employer or a fellow employee. That would include customers or clients. In practice, therefore, employers will now be legally required to consider the harassment risks that third parties may pose in their workplaces, and to take steps to protect their staff.

No other conditions are attached to the third-party protection, and an employee will be able to bring a claim for third-party harassment after a single incident of harassment. The Bill therefore does not replicate the repealed “three strikes” formulation in the pre-2013 version of section 40 of the Equality Act, under which employers needed to know of two previous incidents of third-party harassment before they could be considered liable. The rationale is that there should be no distinction between being harassed by a colleague or a client when it comes to the legal liability of employers and to employees seeking recourse. The measure will also provide better clarity for both employers and employees, and avoid the unnecessary complexity arising from the “three strikes” formulation. The third-party harassment protection will be enforceable in two ways: first, by individuals bringing claims to the employment tribunal; and secondly, by the Equality and Human Rights Commission using its existing powers.

In cases where individuals are willing and able to bring claims to the employment tribunal, claims of third-party harassment will be considered in the usual way for work-related Equality Act claims. Compensation in such cases will be decided by the employment tribunal in the same way as existing Equality Act claims, which involve considering a number of factors, including financial loss and “injury to feelings”.

Clause 2 inserts new section 40A into the Equality Act to create a new duty on employers to take all reasonable steps to prevent sexual harassment of their employees. The phrase “all reasonable steps” is well understood as it is a statutory defence in section 109 of the Equality Act. Employers currently can show that they have taken all reasonable steps to prevent the harassment or discrimination of their employees when defending such claims and will therefore be familiar with the concept. The provision is to make sure that employers will quickly get behind this legislation.

The Bill will not define “all reasonable steps” because what could be considered reasonable will vary between employers, taking into account factors such as their size, sector and specific circumstances. Tribunals are adept at applying the concept, which ensures that employers can take a proportionate approach appropriate for their circumstances. All that is to ensure that everyone—employees and employers—can get behind this legislation because it is about a culture change in our society.

[David Johnston (Wantage) (Con)]

I congratulate the hon. Lady on getting her Bill to this stage.

On the point about culture change, I should say that a few weeks ago a 16-year-old in my constituency came to see me about negative behaviour from boys and men, including rape jokes that the adults around her and her friends just dismissed as “boys will be boys”. That is the sort of thing that happens in the workplace, too. Does the hon. Lady agree that the earlier we educate boys about how to treat girls, the less likely they are to become men who mistreat women in the workplace?

[Wera Hobhouse]

I thank the hon. Gentleman for that intervention. Absolutely—this legislation should be a step in the right direction towards culture change. That cannot start too early; obviously, by the time someone is in the workplace they might already have started to take the wrong attitudes. Whenever we talk about sexual harassment, we always mention the importance of education and of starting early and understanding relationships and consents. That is the most important thing. We do not want legislation that creates a lot of criminals and offenders; it should encourage people to do the right thing and to have the right behaviour in all places in society, including the workplace.

The question of whether an action is reasonable is also familiar in domestic civil law: more specifically, in the Equality Act—for example, the duty on employers and service providers to make “reasonable adjustments” for disabled people. To help employers understand what is expected of them, the Government will be supporting the Equality and Human Rights Commission to develop a statutory code of practice on workplace harassment. A breach of the new duty will be enforceable in two ways. First, it will constitute an unlawful act under the Equality Act 2006, and therefore be enforceable by the Equality and Human Rights Commission under its existing powers. There are already good and reasonable laws in place, but sometimes people may not know that they exist. Employees in particular may not know that they have recourse to them. This legislation also reinforces our campaign to make sure that everyone knows their rights.

The EHRC may undertake strategic litigation, investigation and enforcement activity for any suspected breach of the new employer duty, regardless of whether an individual has submitted a legal claim to the employment tribunal. That is an important change, because previously that was not possible. The EHRC can act on its own behalf. That enforcement route removes the onus from the individual, who may not wish to bring legal action against their employer, and enables an employer’s systemic non-compliance with the duty to be addressed by other means. Again, that is about empowering our workforce to understand their rights and to ensure that the onus is not always on the individual. Secondly, the duty is enforceable by individuals bringing claims to an employment tribunal in certain circumstances. Clauses 3 and 4 set out the details of the duty’s enforcement.

Clause 3 amends section 120 of the Equality Act, which sets out areas where employment tribunals have jurisdiction to determine when a complaint is made. The clause provides that a claim for a breach of the duty cannot be brought as a stand-alone claim to an employment tribunal. That means that tribunals cannot consider individual claims for a breach of the employer duty, other than in cases where a sexual harassment claim has been upheld. The rationale is that to allow otherwise would risk broadening and complicating the duty’s scope beyond the intentions of the policy. For example, it might enable someone to bring a claim that simply challenges a company’s perceived inadequate policy or training. This risks creating uncertainties for employers and undermining the policy aims.

Clause 4 concerns the compensation awarded by an employment tribunal for a breach of the new employer duty. It inserts new section 124A into the Equality Act. It provides a new remedy for breaches of the employer duty in cases where the tribunal has upheld a claim involving sexual harassment and ordered compensation to be paid. The new section provides that the employment tribunal must consider whether and to what extent an employer has also breached the new duty created by clause 2. As a result, the duty will be considered automatically by an employment tribunal following any successful sexual harassment claim where compensation was awarded.

In practice, that means that in each sexual harassment case brought to the employment tribunal where the tribunal has found in favour of the victim and awarded compensation, it must then consider whether there has also been a breach of the employer duty—whether the employer failed to take all reasonable steps to prevent the harassment from occurring. That would also include cases of third-party sexual harassment.

If the tribunal finds that a breach of duty has occurred, the employment tribunal judge may order an uplift of up to 25% of the compensation awarded. The exact amount of the compensation uplift is at the tribunal’s discretion, but it must reflect the gravity of the breach. This means that the tribunal’s decision will consider the specific circumstances of each workplace and avoid overall disproportionate awards.

Clause 5 relates to the enforcement of the new employer duty by the Equality and Human Rights Commission. It makes some consequential amendments to ensure that the Equality Act 2006 works properly with the new duty.

Clause 6 provides that the Bill extends to England, Wales and Scotland. It does not extend to Northern Ireland, where employment law and equal opportunities are devolved. It also sets out that the Bill will come into force one year from the day it is passed, which will ensure that employers have sufficient time to understand the new legislation and take any appropriate action to comply with the new measures before they are enforced.

Employers will be supported in this transition through the Equality and Human Rights Commission’s new statutory code of practice on workplace harassment, which will improve employers’ ability to engage with their existing duties and help them to understand whether they have taken all reasonable steps to prevent harassment. The Government also plan to publish their own advice for employers in due course.

We have turned a blind eye to workplace sexual harassment for far too long. This Bill will help to prevent harassment, protect victims and change the culture around victim blaming. Obviously, the Bill is not enough on its own to tackle workplace sexual harassment. However, it is a step in the right direction in protecting employees from harassment at work. I hope it will continue to get the support it deserves. I thank all members of the Committee, the Government Equalities Office and the Government for supporting the Bill.

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If the woman involved is a woman of colour, gay, disabled, or a migrant—she may be all four—she is likely to feel an even heavier weight on her shoulders due to the intersectional nature of sexual harassment. Among some of those worst affected by sexual harassment are ethnic minority LGBTQ+ women, over half of whom have reported unwanted touching.

[Wera Hobhouse]

I thank the hon. Member for her powerful speech. Does she agree that the new provision in the Bill that individuals do not need to go through an employment tribunal procedure and can have recourse to the law in other ways is an important step forward?

[Tulip Siddiq]

Absolutely. I think it will go some way to addressing some of the issues I have outlined about women not wanting to go through the very difficult process of proving what has happened, and they will be treated more fairly. That is the justification for the Bill, so I absolutely agree.

I know quite a lot about this topic, but when I was researching the Bill the scale of sexual harassment experienced by sections of the workforce really shocked me as I read the statistics. Half of women and seven out of 10 LGBTQ+ workers have experienced some form of sexual harassment at work. That affects workers across industries, including retail, the NHS and financial firms—and right here in Parliament, as we know. We cannot pretend for any longer that sexual harassment is an individual concern that can be responded to ad hoc. As the statistics tell us, we face an institutional problem that requires an institutional response.

For years now, we have been encouraging victims of assault to speak up. That was the very crux of the #MeToo movement. We need to continue this work so that everyone feels able to report harassment, and we should not wait for people to become victims and perpetrators before we act. The reality is that the most powerful weapon we have against sexual harassment is prevention. I am very grateful to the hon. Member for Bath for setting out in the Bill the duty of care that the employers have to their employees. I am grateful that she is proposing an entrenched enforcement of this duty.

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[Tulip Siddiq]

The hon. Member is absolutely right. Indeed, the hon. Member for Wantage made an observation about how rape jokes were just treated as part of the culture and a bit of banter. For someone who has a young daughter, it really does fill me with dread to think that rape jokes have become part of culture. The hon. Member for Truro and Falmouth is right to say that the victim looks like a person who cannot enjoy a joke or be light-hearted about it, but it is not light-hearted for people who have experienced something like that or know people who have and know the reality on the ground. There needs to be culture change.

I am grateful that this Committee is not all women, because I do not think it is just the responsibility of women to make advances on legislation like this. I am glad there are men in the room, and I am glad they are being supportive.

[Wera Hobhouse]

Is it not true that men can often feel quite uncomfortable but also feel like they have to be in it together? Does she agree that the Bill will strengthen men in their attitudes towards women?

[Tulip Siddiq]

I agree with the hon. Lady. The truth is that this is about culture change—and legislative change. I am grateful for the Bill because it empowers employers to take their duty of care to their employees seriously. Employees will respond by returning increased profits, productivity and motivation, so it will help the workforce economically as well—for anyone who doubts the importance of such measures.

The Bill on its own will of course not achieve the transformation that all workers need. This is not a silver bullet—I am sure the hon. Member for Bath agrees—because much more remains to be done. The Labour party is committed to creating safe, equal and fair workplaces where everyone succeeds, regardless of their gender or background. Among other things, the Labour party has been working on its new deal for working people. In that policy, we hope to tackle workplace discrimination and inequalities as a priority.

The Bill sponsored by the hon. Lady is the chance to make some progress right now. We owe that to victims of sexual harassment. Over the years, many of us have said, “Me too!” When the movement emerged, I was so shocked, because nearly every friend I spoke to and every family member turned around to say to me, “Me too!” I wondered whether I had met even one person who had not had that experience. That is a shocking statistic, which I hope we can change as we move forward.

The Bill is what we owe to our workers, present and future, and to our children. It heartens me to see so much cross-party support. Once again, I applaud the hon. Member for Bath for using the opportunity; she could have chosen any topic under the sun, but she chose this topic. I applaud her for championing it.

[The Chair]

Before I put the final question to report the Bill to the House, I offer the sponsor of the Bill the opportunity to say a few thank yous.

[Wera Hobhouse]

My first thank you is to you, Mr Paisley, as Chair of the Committee. I again thank all members of the Committee, the Minister, the Government Equalities Office and everyone who has campaigned to ensure that this important change in the law goes forward. I look forward to further co-operation and further steps in the right direction to ensure that harassment of all sorts—as the Minister pointed out—is ultimately a thing of the past. We have a long way to go, but today is a good day and in the right direction.

[The Chair]

I, too, congratulate the hon. Lady on sponsoring the Bill and getting it to this stage.

Bill to be reported, without amendment.

Worker Protection (Amendment of Equality Act 2010) Bill

Wera Hobhouse Excerpts

Consideration of Lords amendments
Friday 20th October 2023 Commons Chamber

[Wera Hobhouse (Bath) (LD)]

I beg to move, That this House agrees with Lords amendment 1.

[Mr Deputy Speaker (Sir Roger Gale)]

With this it will be convenient to discuss Lords amendment 2.

[Wera Hobhouse]

Workplace sexual harassment blights our society. Not a week goes by in which we do not hear about sexual misconduct in an organisation somewhere in the UK. Some 43% of women have experienced at least three incidents of sexual harassment at work. Most victims do not report it, for fear of not being believed or of damaging their working relationships and career prospects. Although sexual harassment is not confined to women, the vast majority of victims are women.

Harassment has a devastating impact on victims. Nearly half of women harassed at work said that it had harmed their mental health. One in four said that they avoided certain work situations, such as meetings, courses, locations and shifts, to avoid the perpetrator. More than one in four said that they wanted to leave their job but could not. Nearly one in five left their job as a result of this treatment.

Every person should be safe from sexual harassment, but every day new stories expose the extent of the problem in our workplaces. Just this year, there has been a torrent of misconduct allegations against prominent companies and organisations. There remain questions to be answered at the CBI, Odey Asset Management, the Royal National Lifeboat Institution, the fire services, the National Crime Agency and even our NHS.

[Ruth Jones (Newport West) (Lab)]

The hon. Lady is making a very important speech about a powerful topic. As a former NHS employee for over 30 years, I am aware of some poor practice and lack of control over certain individuals who are sexual predators. They are only a small minority, but they have a massive impact on other NHS workers. Does she agree with me that we must protect our precious NHS staff and stamp out sexual harassment in all workplaces?

[Wera Hobhouse]

I could not agree more. The hon. Lady points out that a few individuals damage the reputation of a whole organisation and, especially when it comes to our NHS, that is devastating. The Bill should be good for organisations because it protects them as well.

[Philip Davies (Shipley) (Con)]

Will the hon. Lady clarify—I am not sure from her remarks so far—whether she is in favour of Lords amendment 1, or is she speaking against it?

[Wera Hobhouse]

I will come to that later, but I will be supporting the Lords amendments.

There are many good employers who have implemented measures to safeguard their employees. However, far too many have not done enough to prevent and punish sexual harassment.

[Christine Jardine (Edinburgh West) (LD)]

My hon. Friend is making a powerful speech about an issue that, as she says, has blighted our workplaces. Does she agree that part of the problem is that employers do not act when harassment begins at a low level? Putting workers down, talking over them and belittling them is just the start and it grows from there. Too often in the past, people have just been moved to a different department. Will her Bill put an end to that sort of atmosphere in the workplace?

[Wera Hobhouse]

Yes, it should be the beginning of a culture change to prevent sexual harassment happening before it gets to a point where it has such damaging effects.

The Equality and Human Rights Commission found that in nearly half of cases reported the employer took no action, minimised the incident or placed the responsibility on the employee to avoid the harasser. What one also finds again and again is that the employer does not really know what to do. When the Bill becomes law, there will be guidance for employers so that they know exactly what is expected of them. That should help organisations to face those problems.

[Anna Firth (Southend West) (Con)]

I thank the hon. Lady for giving way, because she is making a very important speech. Protecting people, especially women, from harassment is hugely important. The Government have a fantastic track record of bringing in legislation to protect vulnerable people. I had strong concerns about the Bill in its unamended state, particularly on making employers responsible for third-party harassment. However, yesterday I contacted Denise Rossiter, the chief executive of Essex chambers of commerce, to ask the opinion of Essex businesses. The message I received back was clear: local Essex employers warmly welcome the amendments made to the Bill in the other place. I am delighted the Government have backed them. I welcome the amendments, in particular Lords amendment 1, and I support the Bill in its amended state.

[Wera Hobhouse]

I thank the hon. Lady for that intervention and I am pleased we have come to a point across both Houses where we can pass the Bill, as amended, into law. I will come to the amendments later in my speech and she will hear what I have to say.

The current laws on sexual harassment mean that employers often adopt individualised responses to institutional problems. That creates space for employers to minimise what is going on and leads to confusion about how to respond appropriately. Only 45% of managers felt supported by their organisation when reports were made to them. Ultimately, our current laws do not protect people who have encountered traumatic experiences. We can and must do better.

My Bill will strengthen the legislative protections against workplace sexual harassment. It will help to create safer working environments that are fit for the 21st century. It introduces a standalone duty for employers to take responsible steps to prevent sexual harassment within their organisations. That will make a real difference, as it will require employers to take proactive steps to address sexual harassment. It will help to instil a culture change, and it will ensure that people who abuse women and others can no longer rely on their workplaces turning a blind eye. Instead, they will be held accountable for their actions, making workplaces safer, more productive and more enjoyable for everyone.

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[Danny Kruger]

The hon. Lady defines exactly the issue. She talks about the intent of the Bill being to protect people from feeling distressed, which I think is absolutely right—we should all intend that—but it is difficult for law to manage and protect people’s feelings. The consequence of writing that into black and white means that we then require courts to adjudicate on all sorts of very difficult emotional issues.

The hon. Lady talks about the intent behind the Bill. We all intend the right thing here. We are all in unity that we disapprove of harassment and incivility, but we disapprove of all sorts of things that we cannot and should not try to criminalise. The consequence of criminalising bad manners—even very bad manners—is fundamentally to curtail free speech and the freedom upon which all of our civility as a society depends.

[Wera Hobhouse]

I am glad that we are having this discussion in a very respectful way, because that is how it should work. I recognise that that discussion may not have been had enough and we need a little more time having it. Does the hon. Gentleman think that legislation guides better behaviour and that, for that reason, it is important that we pass certain laws? That is the intention of the Bill. As I say, I have accepted the Lords amendment, but does he agree that legislation guides better behaviour and that is what we should aim for?

[Danny Kruger]

This is an important discussion. The hon. Lady is saying that the law is a teacher—indeed, it is—and influences the culture. It is also true that the law needs to reflect the culture, so we modernise our legislative framework in response to public opinion and how things are. We now legalise things that were illegal in the past in response to the way culture evolves.

However, the law is a teacher in a bad way too. It can introduce negative effects into our culture and chill free speech. It can inhibit the sorts of conversation that are necessary for the development and progress of our society, which is a topic that will come up later in other legislation. There were significant attempts during the pandemic to effectively criminalise or inhibit free speech around the pandemic response, on exactly the same grounds that we might use in this debate, namely that it is important for public protection and the protection of the vulnerable that misinformation, disinformation and, in this context, harassment should be criminalised. That was wrong, and I really worry about the possible chilling effect of this legislation.

A narrow gap is left in this law to criminalise free speech. Many Members will raise the outrageous and unacceptable behaviour that many employees have to put up with in the workplace—I recognise that too. We absolutely need to insist that that does not happen, but that is a job for the culture and for employers. In a sense, it is a job for all of us to instil the right sort of moral conduct in our communities, but frankly it is impossible to write legislation in black and white that achieves the outcomes the hon. Lady wishes without also inhibiting free speech.

I will end with an observation about another piece of legislation that I understand is being contemplated for the King’s Speech: a conversion therapy ban. I am afraid that that is another instance where, under the noble and honourable impulse to stop outrageous and unacceptable practices going on, we are proposing a piece of performative legislation in response to a vocal and activist lobby group that will put into law an imprecise and fuzzy set of moral aspirations. Once Opposition Members get hold of it in Committee, on Third Reading and in the House of Lords, the scope will be expanded and then courts will be required to criminalise conversations between adults and their therapists, parents and children, which is exactly what happens in other countries where this well-intentioned legislation has been passed into law. The law is a teacher, but it is not an opportunity for moral grandstanding and virtue signalling. We have an obligation to put into black and white words that the courts clearly understand and that do not end up curtailing free speech.

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[Justin Madders]

I thank the Minister for her comments. The Government have a majority, so if they wanted to keep the Bill in its original form they could have ensured that it passed. Let me quote what she said at Committee stage. She said that

“the Government committed to a package of new measures aimed at reducing incidences of workplace harassment. That includes the two legislative measures being brought forward in the Bill: explicit protections for employees from workplace harassment by third parties, such as customers and clients; and a duty on employers to take all reasonable steps to prevent their employees from experiencing sexual harassment.”––[Official Report, Worker Protection (Amendment of Equality Act 2010) Public Bill Committee, 23 November 2022; c. 10.]

[Wera Hobhouse]

It is true that I have accepted the Lords amendment. Indeed, it was ultimately me who proposed that we should go all the way in order to preserve one thing that I find incredibly important, which is the preventive duty on employers. Does the hon. Member not agree that this is an important step and for that reason it is right that I accept the Lords amendment?

[Justin Madders]

I accept what the hon. Member says. We will certainly not oppose the Bill, but we do have to challenge the Minister on why she has changed her mind, given that, last year, she said that the measures in the Bill

“continue to form a key part of the Government’s national strategy for tackling violence against women and girls.”––[Official Report, Worker Protection (Amendment of Equality Act 2010) Public Bill Committee, 23 November 2022; c. 10.]

Why have the Government decided to change their mind on it? It seems to me that they have folded to pressure from their Back Benchers. Let us not forget that the Bill came about as a result of an extensive Government consultation, which received more than 4,000 responses.

--- Later in debate ---

I am very happy to support the hon. Member for Bath, and thank her again for all her work in this place on the Bill and for her pragmatism. I know that the amendments were difficult ones to accept, but this Bill will make a difference to the safety of workers in the workplace, and I congratulate her on her work.

[Wera Hobhouse]

Private Members’ Bills are fragile things: they rely on cross-party support, but also support in both Houses. For that reason, it was very important to be pragmatic; otherwise, the whole Bill would have fallen. I am grateful for the Government’s patience and their support for the part of the Bill that we all can agree is so important, which is to create a preventive duty on employers. If the Bill passes today, it will be a good day, and I hope everybody will be able to support the amendments so that it can pass.

Lords amendment 1 agreed to.

Lords amendment 2 agreed to.