Health and Safety at Work etc. Act 1974 (Amendment) Bill- What do I need to know?

HSE involvement

The Bill (if granted Royal Assent) will require the Health and Safety Executive (HSE) to publish a Health and Safety Framework on violence and harassment in the workplace, including violence against women and girls and gender-based violence.

Employer duties

Emphasis is placed on preventative measures which should be taken by employers. For example, the Bill is likely to require employers to specifically conduct a risk assessment to assess the risk of violence and harassment in the workplace, along with putting in place control measures to guard against the risks eventuating. In addition, employers may also be required to establish robust mechanisms and procedures for reporting such incidents. By being proactive and having robust procedures in place, it is intended to discourage such behaviour and provide a framework for how to address any incidents that take place.

Additional employer duties

The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force on 26 October this year and introduced a new duty for employers to take reasonable steps to prevent sexual harassment in the workplace, including sexual harassment by third parties. Our experienced Employment team have published an in-depth article on this new requirement for employers, which can be read here- https://www.shoosmiths.com/insights/articles/new-law-on-sexual-harassment-requires-preventative-action-from-employers.

The Employment Rights Bill (if granted Royal Assent) seeks to extend this new duty, so that employers would be required to take all reasonable steps to prevent sexual harassment. The Employment Rights Bill, as currently drafted, also seeks to create employer liability for third-party harassment in relation to all relevant protected characteristics. Our Employment team have published an article on this Bill which can be read here- Major Employment Law Changes in the Employment Rights Bill 2024.

What do I need to do now?

There is currently limited information available about the Bill and there is also uncertainty as to whether it will become law. That being said, as part of their more general health and safety duties, employers may wish to consider what further steps they could take, at this stage, to help guard against the risks of violence and harassment in the workplace. We will keep you updated as the Bill makes its passage through Parliament.