The Employment Rights Bill will Re-enforce Employer Liability for Third-Party Harassment

The Employment Rights Bill is currently passing through Parliament, presently is at the committee stage in the House of Lords, when the Bill finally passes into law it will have a significant impact on employers given the considerable depth of the Bill. Employers should be advised to review all their present practices to ensure that they will be able to meet the new demands of the law.

One particular aspect of the Bill that is causing consternation in many industry sectors, and none more so than the hospitality sector, is that relating to harassment by third parties which includes both verbal conduct, not just physical harassment. Third parties to be monitored can include customers, suppliers and contractors. Employees will therefore be entitled to bring tribunal claims arising out of this issue. The Bill requires the employer to act from the first incident without a requirement for prior warnings, and they must take all reasonable steps to prevent third party harassment.

Harassment is defined under the Equality Act 2010 as “…unwanted conduct … that has the effect [or purpose] of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment…”. Employers will now need to review how they deal with issues of harassment, as they will be subject to a higher duty than they were previously.

Cameron Jack, a paralegal, commented, “The hospitality sector is particularly vulnerable due to the constant interaction between the staff and customers, where informal, social settings involve 'banter', jokes, and friendly interactions are commonplace. In such situations, comments can easily cross the line into harassment.” Cameron further pointed out “the hospitality sector frequently has young temporary staff who may feel less empowered to challenge such behaviour. Many of the customers may be under the influence of alcohol and have less behavioural restraint. It may be harder for pubs, bars and nightclubs to demonstrate that all reasonable steps have been taken to prevent such behaviour. This is a positive step for employee employment rights, however, employers should consider the Bill’s proposals carefully to ensure their practices, or in some instances their workplace culture, is adapted appropriately.”

Two main organisations notably affected are in the hospitality sector, which are focused on navigating the strengthened protections to employees around third-party harassment are UK Hospitality, the leading trade body for the hospitality industry (https://www.ukhospitality.org.uk/about-us/), and the British Beer & Pub Association. Kate Nicholls OBE is the CEO of UK Hospitality and she said “…We agree with the Equality and Human Rights Commission’s concerns and we don’t believe that the burden of policing these issues should fall upon employers...” Ms. Nicholls also stated that the sector is not “…equipped to navigate complex issues like overheard customer remarks and the risk lies in employers having to police private conversations…”. Similarly, the British Beer & Pub Association is equally concerned about having to police the remarks of the patrons of pubs.

If the Employment Rights Bill is not amended in this respect all employers may have to take steps to prevent their staff being harassed by “overheard comments”. The issue of balancing competing human rights remains complex, and comments from one group can sometimes unintentionally cause offense to another.

This Employment Rights Bill expands the obligations of employers and introduces the need for proactive measures to prevent the harassment of patrons, customers and suppliers. Employers must be fully aware of their obligations. Giambrone & Partner's expert lawyers can outline all aspects of the reinforced law. 

Some of the actions that can be taken are as follows:

• Establish the new obligations and develop a training programme for staff so that they can clearly identify an issue;
• Brief all members of staff, including door staff on the new law;
• Clear guidance for the staff on what is not acceptable;
• Posters in public-facing zones make it clear what is unacceptable behaviour and the type of comments which are not permitted, including, but not limited to, racist and sexist jokes, comments on religion, or derogatory transgender remarks etc.;
• Establish a company policy once an issue has been identified to resolve it swiftly;
• Provide scripted responses for staff;
• Appoint managers to assist with handling and removing any challenging patrons;
• Train staff in de-escalating a potential situation before it becomes critical;
• Set up an incident log in which staff can enter any incidents, including one-off incidents and note any rejections;
• Allow staff to report any issues anonymously;
• Train staff in how to approach a disruptive customer without abruptly escalating the situation;
• Allow staff to instigate the removal or patrons that are breaching the law;
• Where necessary have a process to rotate or completely remove a member of staff quickly in a difficult situation;
• Ensure staff receiving regular updated training;
• Establish whether your public liability insurance covers third-party harassment claims.

Employers should ask their legal advisors to monitor the Employment Rights Bill in preparation for its enactment in late 2025 or early 2026 to be completely aware of the new obligations that employers will be obliged to adhere to and avoid being placed in a risky situation. Giambrone & Partners employment lawyers can assist in all aspects of this element and all other aspects of The Employment Rights Bill. Our lawyers have a wealth of experience over many years of guiding and assisting our clients through the challenges of employment law.

Cameron has considerable expertise in both family law and employment law are is also part of the LGBT+ team at Giambrone & Partners LLP. 

He advises on a wide range of family law, including complex contentious matters. He specialises, in particular, in divorce and financial remedy proceedings, assisting clients with financial agreements and child arrangements. Cameron assists international clients on their family affairs. He also often assists LGBT+ clients and is empathic to the personal circumstances of clients.

Cameron has also advised in high-value financial cases where he has assisted in resolving complicated financial disputes involving assets in family businesses and trusts and is well-regarded by clients.

Cameron’s expertise also extends to employment law where he specialises in mediation and dispute resolution. He works tirelessly to resolve complex situations for his clients working tirelessly to resolve complex situations for his clients.

If you would like to know more about employment rights please contact Cameron's clerk Joseph Crick on jcrick@giambronelaw.com or please click here.