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Amendments have been made to the Worker Protection Bill that dilute protections against sexual harassment by colleagues and mean that employers will not have to protect workers from third party harassment.
The TUC has criticised the Government after amendments passed to the Worker Protection Bill mean it no longer includes a new duty on employers to protect their staff from so-called third party harassment by customers or patients – including from sexual harassment.
The Worker Protection Bill, a private member’s bill put forward by Wera Hobhouse MP with ministers’ support, would introduce a new preventative duty on employers to tackle sexual harassment in the workplace. When it was introduced the bill also included provisions to protect workers from harassment and abuse by third parties like customers or clients. Concerns were expressed earlier this year that some Tory peers were attempting to talk the bill out.
Today a compromise was reached between the government and Conservative peers in order to get the bill through the committee stage. Under the compromise employers will no longer be liable for harassment of their employees by third parties. A duty on employers to prevent sexual harassment has also been diluted in that employers now only have to take ‘reasonable steps’ to prevent sexual harassment instead of ‘all reasonable steps’. Some Tory peers claimed that the bill as originally conceived would place too much pressure on smaller employers.
TUC General Secretary Paul Nowak said: “Ministers promised to bring in new laws to tackle sexual harassment at work by customers and patients. It is disgraceful that they’ve given in to Tory backbenchers and let down working women across the country.
“Every day we hear stories about sexual harassment in our workplaces. Many women in front-line jobs – like shop workers and GP’s receptionists – suffer regular abuse and harassment from patients and customers.
“This new law could have put the onus on employers keep their staff safe from this type of abuse. They have abandoned working people – again.”
Polling published by the TUC in May found that three in five (58%) women – and almost two-thirds (62%) of women aged between 25 and 34 – have experienced sexual harassment, bullying or verbal abuse at work. In two out of five (39%) of the most recent incidents, the perpetrator of the sexual harassment, bullying or verbal abuse was a third party rather than another member of staff.
Some organisations have been looking at how to reduce sexual harassment at work, including third-party sexual harassment. After concerns about sexual harassment in the NHS, the General Medical Council recently published guidance on the issue for doctors, which will come into effect by January 2024.