Prevention of sexual harassment in the workplace

This Private Members Bill extends employers liability as follows:

• Duty to prevent sexual harassment:

Currently, an employer is vicariously liable for the acts of its staff if they sexually harass another worker and the employer has failed to take reasonable steps to avoid this. Under the Bill, employers will be under a proactive duty to take these reasonable steps to prevent sexual harassment occurring. If they do not and an act of harassment takes place, the compensation for a worker’s successful Tribunal claim will be uplifted by up to 25%. This new duty can also separately be enforced by the Equality and Human Rights Commission against employers.

• Harassment by third parties:

Under the Bill, employers can potentially be liable for harassment of employees by third parties (e.g. customers or clients). This includes third parties over whom the employer has no direct control. Liability will be triggered on the first incident of harassment by a third party if the employer has failed to take all reasonable steps to prevent it. This liability will apply regardless of whether the employer has approved, or is even aware of, the actions of the third party and covers all types of harassment (such as racial, sexual or on grounds of disability).