What is the position now?

Employers are responsible for harassment carried out by their own staff at work. They are not usually responsible if harassment comes from someone outside the business, such as a customer, client, supplier or visitor.

What is changing?

The law is expected to change so that employers can be held responsible for harassment by third parties. An employer will only avoid liability if it can show that it took reasonable steps to prevent the harassment from happening in the first place. This will apply to all types of harassment, including sexual harassment.

What does this mean for employers?

Employers will be expected to take a more active role in protecting staff. This means thinking ahead, not just reacting after an incident. Industries such as hospitality and leisure are likely to find this challenging and will need to proactively put processes in place.

As at Feb 26