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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I have been pleased to see cross-party consensus for my Bill from the outset, with all parties willing to work together to ensure its passage. There has been unstinting cross-party support from a sizeable majority of MPs and peers, which clearly demonstrates that workplace sexual harassment is not a party political issue anymore. I am glad that today should mark the final point of the passage of these vital protections into law. It took the best part of 2023 to get us here, and I thank everybody involved for their patience and support. I express my particular gratitude to the Minister for Women and Equalities and the Government Whips, whose support during the ups and downs of the difficult passage of the Bill I have greatly appreciated.
I say a big thank you to Baroness Burt of Solihull, who has worked tirelessly in the other place to ensure that my Bill got to this stage. My thanks also go to the team at the Government Equalities Office, whose constant advice and encouragement has been outstanding. Finally, I thank my own team for sticking with me.
I will now speak to Lords amendments 1 and 2, which have undoubtedly narrowed the scope of my Bill. Lords amendment 1, tabled by Lord Hannan of Kingsclere, removes clause 1 from the Bill, getting rid of the proposed liability of employers for third-party harassment in the workplace. It means that incidents of third-party harassment will continue not to be covered by the law, other than in extreme cases resulting in clear personal injury or where a criminal offence has been committed. The legal situation
will remain as it has been since third-party harassment protections were repealed in 2013. I personally think that that is a shame.
Lords amendment 2, tabled by Baroness Noakes, narrows the concept of “all reasonable steps” to simply “reasonable steps”. The practical steps that an employer might take would be substantially the same. For example, employers might consider implementing an effective equality policy, providing anti-harassment training and dealing effectively with employee complaints, among other things. The difference in the wording means that the tribunals would apply a lower threshold when assessing a breach of the employer duty compared with the original drafting of the Bill.
The Equality Act 2010 already contains a statutory defence that requires an employment tribunal assessment of whether an employer took all reasonable steps to determine legal liability. The amendment will not change the Equality Act’s existing statutory defence, but will create a different test for the new duty on employers to prevent sexual harassment. The employer duty will still send a strong signal to employers that they need to take action to prioritise prevention of sexual harassment and ultimately improve workplace practices and cultures.
I cannot stand here and say that I am completely happy with the amendments, but if I did not accept them the Bill would not progress into law, and that would be a lot worse. Peers in the other place have reached an understanding with Baroness Burt of Solihull and me: to ensure the passage of the sexual harassment preventive duty, we have accepted the amendments under discussion today. The longer it takes for legislation preventing sexual harassment to become law, the more workers—especially women—will be left at risk of workplace sexual harassment. That would simply not be acceptable.
In the face of continuous scandals, we as lawmakers cannot stand by and do nothing. Once the Bill has passed into law, it will be the beginning of a much-needed culture change. I have been most grateful for the guidance of the Fawcett Society and the wider alliance for women, who continue to support the Bill because of the substantial difference it will make to women’s lives. Without their support and guidance, I would not have been able to take this revised Bill forward. Those groups remain disappointed that the clause that would have provided protection from third-party harassment has not been taken forward. I fully accept their disappointment. Further protections are essential to give businesses and organisations clarity on what they need to do to make their workplaces safe for everybody. We hope that the debate on this Bill has encouraged all businesses and organisations to recognise that they can make a significant difference in protecting staff from harassment by customers and clients. There remains unfinished business, but the discussion is moving us forward and it is important that we get cross-party support in both Houses, which is why I keep saying that I am accepting the Lords amendments.
The Government’s own survey on sexual harassment found that every day 1.5 million people face sexual harassment from a third party at work—that does not even consider the scale of other forms of third-party harassment, for example those of a racist or homophobic nature. I will continue to make the case for protections against third-party harassment to be put in place, and I hope that the Government will listen and continue to
work with the Fawcett Society and the wider alliance for women to bring the required legislation forward in the next Parliament.
I am content that as of today we have reached a consensus on a pragmatic way forward. It is vital that we send a clear signal that sexual harassment in the workplace is not acceptable and steps should be taken to prevent it. I am grateful for the cross-party support and particularly the support of the Government. I ask the House to accept the Lords amendments so that this Bill can pass into law. No one should have to wait any longer for this vital step towards safer and more respectful workplaces.