The Health and Safety at Work Act 1974 (Amendment) Bill proposes to expand employers’ health and safety duties, under the Health & Safety at Work Act 1974, to include preventing workplace harassment. Currently, the Act requires employers to ensure the health, safety, and welfare of employees as far as reasonably practicable. The proposed Bill would add specific obligations to address violence and harassment in the workplace, with a focus on sexual harassment.
The Bill identifies harassment examples including sexual harassment, stalking, gender-based violence, sexual harassment, stalking, and psychological abuse. If passed, employers would additionally be required to:
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Provide employees with training on recognising and preventing harassment.
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Conduct risk assessments to help identify potential harassment risks.
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Implement policies and procedures to eliminate these risks.
The provisions largely overlap with, and codify, what employers should already be doing to meet their pro-active obligation to prevent sexual harassment in the workplace. The difference lies in the enforcement mechanisms in the event of breach. If the Bill becomes law, then defaulting employers could face enforcement action including criminal liability and unlimited fines.
If you would like more information, please contact Arvin Sandhu by email or on 01494 521 301.