Companies to shoulder responsibility for harassment outside the office
Businesses will face harassment risks beyond their own workplaces, including at client meetings, events, and in interactions with suppliers and service providers, as new employment laws take effect at the end of this month. Currently, employers face direct liability only for harassment committed by their own staff. But on 30 October the UK government will [...]
Employers in the UK will be held responsible for harassment incidents that occur outside their own offices, starting from the end of October. The new Employment Rights Act reintroduces liability for third-party harassment, meaning businesses could be held accountable for offensive remarks made by clients, suppliers, or other service providers to their employees.
This includes scenarios such as sexist comments at an awards dinner hosted by a client, religiously offensive remarks made by a potential client, or discriminatory jokes made by a supplier during a factory visit. Andrew Moore, a partner at Addleshaw Goddard, stated that businesses need to consider how they protect their staff during interactions with clients and third parties.
The Act, nicknamed the "banter ban", has faced criticism from Lord Toby Young of the Free Speech Union, who argued that it could lead employers to protect employees from overhearing offensive jokes or remarks. The new law imposes a high standard on businesses, requiring them to take all reasonable steps to prevent harassment, including conducting risk assessments, establishing effective communication with third parties, and having clear policies in place.
Lawyers are advising employers to be proactive in training staff on their rights and obligations, and to require third parties to use reputable employment businesses when hiring temporary staff.
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