This week, Wera Hobhouse’s Bill aimed at tackling sexual harassment in the workplace cleared its Commons stages. It will now be considered by the House of Lords and we hope that, like Wendy Chanberlain’s Carer’s Leave Bill it will be law later this year.

In an email to party members, Wera set out why her Bill is so important and what it will do.

The 2018 Presidents Club scandal highlighted the extent to which current law does not protect people.

In that instance, businessmen allegedly sexually harassed young female hostesses at a notorious men-only dinner, after being instructed to wear “black, sexy shoes” and black underwear.

Those women, who faced violations of their dignity, would not have had protection from the law as it stands.

Sexual harassment by third parties is a major problem in the UK. A 2017 survey suggested 18% of those who experienced workplace sexual harassment said 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 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 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 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 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.

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 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.

An unacceptable number of nurses, paramedics, bar staff, key workers during the pandemic, and everyone in between, are being subject to sexual harassment that causes various harms, including psychological, physical and economic harm.

Employers should be required both morally and legally to take all reasonable steps to stop sexual harassment. The fact that the law of this country does not compel them to do so is a concern and I am proud that my Bill will be part of the solution to this.

For too long, the onus for challenging sexual harassment has been on individuals. Our current laws mean employers do not know how to respond appropriately to cases, 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.

This Liberal Democrat Bill will help prevent sexual harassment and protect victims, and it will drive a change in the culture around victim blaming.

We need workspaces where everyone feels respected and comfortable.

My Bill will be a part of starting the move towards this.

On just one day, two Lib Dem MPs moved closer to changing the law to make life better for women and carers. A very good day at the office.

Wera’s speech introducing the Third Reading on Friday is below:

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

The Bill has a simple aim: to create respectful workplaces free from harassment where employees feel valued and supported. Today, we can move a step closer to that by creating an employer’s responsibility to clamp down on harassment. I start by thanking the Fawcett Society and the Government Equalities Office officials who have supported me throughout the Bill’s progression. My thanks go also to the Women and Equalities Committee, whose 2018 report into workplace harassment set the wheels in motion for the Bill. There has been vital cross-party support to ensure this important legislation progresses. I hope that spirit of consensus continues today. It will send a clear signal from us here in Parliament that workplace harassment must end.

The Bill focuses on strengthening protections against workplace sexual harassment and introduces protections against more general harassment by third party actors. Workplace sexual harassment is widespread and under-reported. It continues to be a stain on our society. Half of all British women and a fifth of men have been sexually harassed at work or place of study. A TUC survey suggested 79% of women did not report their experience of sexual harassment. Too many people suffer in silence partly because they feel unable to report it. Reporting can have severe career and reputational implications. Employers must shoulder some responsibility for that. The Equality and Human Rights Commission found that in nearly half of cases where employees made a report, the employer did nothing, minimised the incident, or placed the responsibility on the employee to avoid the harasser.

The impact of harassment in the workplace has devastating consequences on health, morale, and, last but not least, performance. Current harassment laws mean employers often adopt individualised responses to institutional problems. This allows employers to minimise harassment, causing confusion around appropriate responses. For things to improve, we must shift the focus from redress to prevention. The Equality and Human Rights Commission found in 2018 that a minority of employers had effective processes in place to prevent Toggle showing location ofColumn 592and address sexual harassment. Employers should have a moral and legal obligation to take all reasonable steps to stop sexual harassment from happening. The Bill will force them to act.

Clause 2 will impose a new duty on employers to take all reasonable steps to prevent their employees from experiencing workplace sexual harassment. It will not require employers to do anything substantially more than what they already should be doing to avoid legal liability for harassment carried out by their employees. However, if employers have failed to take those actions, they could face further enforcement action through an uplift to the total compensation awarded at an employment tribunal, or through the EHRC’s strategic enforcement. That should encourage employers to improve their workplace practices and culture to discourage sexual harassment.

The new duty will operate through dual enforcement. First, the EHRC may take enforcement action for a breach or suspected breach of the duty under its strategic enforcement policy. That would mean employees would be able to inform the EHRC of any concerns without necessarily having to take forward legal action against their employers themselves. Secondly, 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 of the duty is found, tribunal judges will have the power to order an uplift of up to 25% of the compensation.

The Bill will also introduce explicit protections against third-party harassment in the workplace—this is where the amendments are most relevant. 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 reasonable steps to prevent such harassment. These protections will apply to all acts of third-party harassment in the workplace, not just sexual harassment. Once again, there will be a system of dual enforcement.

A claim of third-party harassment could be brought after a single incident of harassment. That 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. However, liability can arise only if an employer has failed to take all reasonable steps to prevent harassment. The Government Equalities Office will support the EHRC in creating a statutory code of practice on sexual harassment and harassment in the workplace, to support employers to implement the changes that will come into force 12 months after Royal Assent.

There is plenty of opportunity for employers to make themselves well informed of the changes and ensure that they can implement them. There will be a consultation as well. There is plenty of time to further consider people’s concerns on all sides. I encourage all Members to make themselves very knowledgeable about the changes and the guidance that will be provided shortly.

Perhaps we should trust ourselves a little more. This Bill is not about heavy penalties on people but about creating workplaces where everybody feels valued. I am sure that everybody across this House will support that. That is the aim of the Bill, not to create huge penalties for employers now.

We all need to acknowledge where harassment takes place. As we heard from the Minister, we all need sometimes to recognise that someone’s banter is another person’s harassment. To create and develop sensitivity to how people feel about things, and to have conversations in the workplace where we can be open to talk about these things, will lead to the workplace that I would like to see in future. I have some confidence that in the end, we will all be supportive of that. I hope that the hon. Gentleman’s concerns will be addressed; he will see the guidance that is being created and that it is about all reasonable steps being taken. It is, in many ways, about common sense—what is a reasonable step and what is an unreasonable step. I am sure that we can all move forward together.

There is plenty of time to look at the code of practice. I encourage everyone to make themselves knowledgeable. It will be based on the technical guidance that the Equality and Human Rights Commission published 2020, and will be introduced as the new legislation comes into force. The EHRC will have a duty to consult on the code of practice in advance. In the meantime, the Government’s Equalities Office has produced guidance, which they will publish in due course.

The Government tabled amendment 3 to clause 1, which means that, where harassment relates to a protected characteristic, employers will not be expected to prevent the expression of an opinion to avoid liability, where certain conditions are met. The conditions are where the harassment involves a conversation in which the claimant is not a participant, or a speech that is not aimed specifically at them; where the conversation or speech contains the expression of an opinion on a political, moral, religious or social matter; where the opinion expressed is not indecent or grossly offensive; and where the harassment is not intentional. The amendment will not apply in cases of sexual harassment.

Workplace harassment should be seen as an epidemic, and it is time that we treat it in that way. During flu season, employers do not wait for employees to get sick: they proactively invest in and implement evidence-based prevention measures to keep workplaces healthy and productive. This Bill encourages the same focus on prevention to tackle harassment. I therefore call on the House to support my Bill, which will enshrine in law historic measures to protect employees against workplace harassment.