As the world has changed over the last 50 years, the Act has remained relevant, with the flexibility of new Approved Codes of Practice and Regulations.
The Rt. Hon Liz Saville Roberts, MP for Plaid Cymru presented a Private Members Bill ("The Bill") to the House of Commons on 21 October 2024.
The Bill seeks to amend the Act to impose new requirements upon employers to take proactive measures to prevent violence and harassment in the workplace – with a particular focus on additional protections for women and girls.
The second reading is scheduled to be heard on the 7 March 2025.
What impact could the Bill have?
- The Bill will require the Health and Safety Executive (HSE) to publish a Health and Safety Framework on violence and harassment in the workplace, including gender-based violence.
- The Bill requires employers to adopt preventative measures. Employers will have to conduct risk assessments to evaluate the risk of violence and harassment in the workplace and implement control measures to mitigate these risks. These risks may include sexual harassment, emotional abuse and online threats.
- Employers will need to consider their current reporting procedures, training programmes, and workplace policies to ensure that they protect women and girls in the workplace. Employers should focus on fostering a workplace culture that discourages such behaviour.
How does this complement the Worker Protection (Amendment of Equality Act 2010) Act 2023?
The Worker Protection (Amendment of Equality Act 2010) Act 2023 was enacted on October 26, 2024, introducing a new obligation for employers to take reasonable steps to prevent sexual harassment in the workplace, including harassment by third parties.
Similar to The Bill, this requires employers to be proactive in taking steps to ensure an incident of sexual harassment does not take place and requires an obligation that proper policies and training are in place to address this. Both amendments show there is growing recognition that workplaces need to be more proactive in fostering better workplace environments where everyone can feel safe and respected.
Concluding thoughts and what you can do
Although there is uncertainty whether this Bill will pass the second reading in the House of Commons and become law, it has raised an important issue which has received large support from women's rights organisations and several other MPs. It shows a significant step towards improving workplace safety and culture - although the feasibility and practical implications for the amendment are still being debated.
In accordance with employer's general responsibilities to ensure employee health and safety, employers may wish to consider what additional measures they can reasonably implement to protect against workplace violence and harassment. The culture of any workplace is always highly relevant when it comes to defending any health and safety prosecution or providing mitigation for sentence.
Co-authored by Rebecca Lax
If you have any general Health & Safety queries or specific questions on this proposed Bill, please don’t hesitate to contact us.
