A Private Members Bill has been introduced in the House of Commons, to amend the Health and Safety at Work Act 1974 (HSAWA74). The main provision is to introduce new requirements for employers in relation to violence and harassment in the workplace.
Although this is still at the preliminary stage, but if it became law, employers would be required to take proactive steps to prevent violence and harassment in the workplace (echoing the new sexual harassment laws introduced recently – See our website for that news article). Thereafter the Health and Safety Executive would introduce guidance and a Code of Practice on violence and sexual harassment towards women, girls and gender-based violence.
Employer Duties
Employers will be expected to take preventative steps to prevent such incidents. Although specific details are not available at this time, it is expected to include the requirement to draw up a risk assessment dealing with violence and harassment and a violence and harassment at work policy. Having done so, they would then be expected to consult the staff, provide training, emphasising non-acceptable conduct and the possible consequences. Victims and witnesses to such conduct should be encouraged to report incidents without fear with a clear reporting mechanism. The aim is to prevent unacceptable occurrences, but if/when they do, employers should deal with them effectively in a timely manner.
To emphasise this further, the Employment Rights Bill seeks to extend this duty and requires employers to take all reasonable steps to prevent sexual harassment, including third party harassment.
Although the Bill is at an early stage and no further information is available, employers should note that employment legislation has already taken the lead in this area, and that they should prepare themselves to update their current health and safety policies.
Employers are advised to seek HR and HS advice in readiness. The Business Advice Line is available to offer you the advice, and the consultancy service can meet all your drafting requirements.
