How the Employment Rights Bill changes the game for employer liability

The Employment Rights Bill introduces a significant change: employers could now be held liable for harassment of their employees by third parties.

Imagine this scenario: your receptionist, who has been doing a fantastic job, comes to you with a complaint – not about colleagues or managers, but about a visitor who was abusive and made offensive remarks. Under current laws, you might console the employee, look into the incident, and even ban the visitor from coming back. However, you wouldn’t be legally liable for the visitor’s actions.

With the proposed changes in the Employment Rights Bill, this would no longer be the case. Employers could be held accountable for harassment by third parties unless they can show they took all reasonable steps to prevent it. So, how can you protect your employees – and your business?

Practical steps to mitigate risk

Implement a robust anti-harassment policy
Make sure your anti-harassment policy clearly includes interactions with clients, customers, contractors, and other visitors. This policy should spell out what’s not acceptable and what happens if someone crosses the line.

Manager training
Train managers to recognise third-party harassment and identify potential risk areas where such incidents might occur. Managers should also be approachable points of contact for employees wishing to report incidents and know how to provide immediate support.

Employee awareness
Give employees training to spot third-party harassment and understand how to report it effectively. Reporting mechanisms should be straightforward and accessible – overly complex processes might put employees off reporting, potentially weakening an employer’s case in a tribunal.

Foster a zero-tolerance culture
Build a workplace culture where complaints are taken seriously, thoroughly investigated, and acted on decisively. Employees should feel confident that their concerns will lead to real actions, not just be brushed aside.

Encourage employee feedback
Employees often have valuable insights into potential risks or preventative measures. Creating an environment where staff feel comfortable sharing suggestions can help identify practical ways to reduce harassment risks.

Swift action on complaints
If an incident occurs, act quickly and thoroughly. Dragging your feet risks upsetting the affected employee and hurting team morale. Showing a quick and empathetic response builds trust and reassures everyone that harassment is taken seriously.

Regular risk assessments
Carry out regular risk assessments to spot potential harassment hotspots and update your prevention strategies accordingly. Include employee feedback in these assessments and share updates with your team to show you’re on the ball.

By taking these steps now, employers can prepare for the legal changes ahead while building a supportive workplace environment that values respect and safety.

*This article is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.