← LEADERSHIP TERMINAL

UK PARLIAMENT · SITTING

Dame Nia Griffith

MP for Llanelli · Labour · United Kingdom

IN THEIR OWN WORDS

My dedicated volunteer coastguard rescue officers are absolutely vital to the safety of the public along the very long coastline all around my constituency.

MARITIME AND COASTGUARD AGENCY · 2026-07-08 · READ IN HANSARD

I will try to keep to your limit, Sir Alec. The work of the Burry Port coastguards is absolutely vital to my constituency, which is surrounded on three sides by water.

COASTGUARD VOLUNTEERS: REMUNERATION AND HMRC GUIDANCE · 2026-07-01 · READ IN HANSARD

Stopping the payments in September looks exceedingly cynical: as if to say, “We will make the most of your skills and dedication over the summer, when we are expecting loads of visitors”—perhaps more than ever, because of the jet-fuel fears—“but come September, we will make the cut that we know might make some of you resign.” I can tell t…

COASTGUARD VOLUNTEERS: REMUNERATION AND HMRC GUIDANCE · 2026-07-01 · READ IN HANSARD

Friend the Minister, first, pause the current cuts plan for September to give time for a rethink and then, importantly, find a way for volunteer coastguards to be at least as well rewarded financially as they are now? I do not want any hiding behind legal issues. There must be ways of doing that.

COASTGUARD VOLUNTEERS: REMUNERATION AND HMRC GUIDANCE · 2026-07-01 · READ IN HANSARD

Indeed I do. Sir Alec, just think how much time and effort our volunteer coastguard rescue officers put into ensuring that they can provide the very best service and dovetail with the other emergency services. They are real multitaskers and trained to a very high standard. They have to be multiskilled.

COASTGUARD VOLUNTEERS: REMUNERATION AND HMRC GUIDANCE · 2026-07-01 · READ IN HANSARD

CROs give up their own time to do the training, but it is no good just doing the training. They have to maintain the skills through practice sessions, because lives depend on it. They get £11 an hour for some training sessions, but they have to do the practice sessions every week just as volunteers.

COASTGUARD VOLUNTEERS: REMUNERATION AND HMRC GUIDANCE · 2026-07-01 · READ IN HANSARD

The complete record

Every one of 600 lines we hold for Dame Nia Griffith, in date order, each linked to its source. Free to read, in full, without an account. Page 8 of 12.

  1. The Government hold regular discussions with the Welsh Government on tackling violence against women and girls to help drive forward the Government’s ambition to halve violence against women and girls in a decade. Most recently, on 13 November, the Under-Secretary of State for the Home Department, my hon. Friend the Member for Birmingham Yardley (Jess Phillips), who has responsibility for safeguarding, met the Welsh Minister for Social Care and the Welsh Cabinet Secretary for Social Justice. They discussed in detail measures to tackle violence against women and girls.

    VIOLENCE AGAINST WOMEN AND GIRLS · 2024-12-11 · READ IN HANSARD

  2. As my hon. Friend says, the Welsh Government’s violence against women and girls strategy has been pioneering delivery on that important issue for two years now. The UK Government’s aim of halving violence against women and girls in a decade is ambitious, and learning lessons from the Welsh Government will help. As part of their long-standing commitment to tackling violence against women and girls, South Wales police have introduced new measures, including the Cardiff safety buses, which have received national recognition for safeguarding more than 3,000 vulnerable people on the streets of Cardiff since September 2021.

    VIOLENCE AGAINST WOMEN AND GIRLS · 2024-12-11 · READ IN HANSARD

  3. Absolutely; that is central to our manifesto. Our commitments will take in the whole of the UK—particularly the Home Office commitments on policing, and the commitments in the legislation that we intend to bring forward.

    VIOLENCE AGAINST WOMEN AND GIRLS · 2024-12-11 · READ IN HANSARD

  4. Up to 50 weeks of leave and up to 37 weeks of pay can be “created” for parents to share from maternity entitlements that the mother does not intend to use. Parents can use the scheme to take leave together for up to six months or to intersperse periods of leave with periods of work. We know that more needs to be done to ensure that the parental leave system provides the best possible support for working families. That is why we have committed to a review of the parental leave system. The review will be conducted separately to the Bill and work is already under way across Government on planning for its delivery. I therefore commend clauses 11 and 12 to the Committee and invite the hon. Member for Torbay not to move new clauses 16 and 17.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  5. Recent changes to paternity leave and pay, which took effect on 6 April 2024, allow parents to take their leave and pay in two non-consecutive weeks; to take their leave and pay at any point in the first year after the birth or adoption of their child, rather than only within the first eight weeks; and to give shorter notice for each period of leave. That means that parents are now able to take their paternity leave at any point in the first year following their child’s birth or adoption. While I very much support the intent behind this element of the new clause tabled by the hon. Member for Torbay, it is already in place and so is not required. If fathers or partners wish to take a longer period of leave and pay, shared parental leave and pay is an option they can consider.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  6. That is why at this point we believe that not requiring publication of parental policies in the Bill is the correct approach. It strikes the right balance between doing more to help working families and being manageable for employers to respond and adapt to. New clause 17 would increase the length of paternity leave from two weeks to six weeks and also seeks to introduce the ability to take paternity leave at any time in the first year following birth or adoption. The Government value the vital role that fathers and partners play in caring for children and supporting their partners. We recognise that parental leave and pay entitlements, such as paternity leave and pay, play a key role in their ability to do that. That is why we are taking the first step of making paternity and parental leave day one rights.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  7. Member for Torbay is right to highlight the significance of publishing parental leave policies. It is certainly true that parental leave and pay policies are not perks on a par with gym memberships; they are critical policies that allow people to manage their lives. As well as being hugely important at a personal level, parental leave and pay policies are critical for addressing wider social and economic issues. The Bill already does a lot to support working families. It reforms the right to request flexible working to make it the default. It puts in place legislation that makes it unlawful to dismiss pregnant women, mothers on maternity leave and mothers who return to work for a six-month period after they return, except in very specific circumstances. It also requires large employers to produce equality action plans.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  8. There is also a benefit from our changes to employers, who will gain access to a larger pool of applicants for vacancies, as parents will be more likely to apply for new jobs because they will not lose their access to those leave entitlements. We have engaged with stakeholders who represent the interests of parents, and they have said that they welcome the removal of continuity of service for parental and paternity leave. Making those entitlements available from day one also brings parental and paternity leave into line with other entitlements, such as maternity and adoption leave, creating a clearer and fairer system. New clause 16 would commit the Government to introducing regulations that require organisations employing more than 250 people to publish information about their parental leave and pay policies. The hon.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  9. Currently, parents must complete one year of continuous service to qualify for parental leave, and 26 weeks of continuous service to qualify for paternity leave. Clause 11 will make an additional 1.5 million parents each year eligible for parental leave, while clause 12 will bring an additional 32,300 fathers and partners a year into scope for paternity leave. Clauses 11 and 12 will make it easier for employees to move jobs, which may enable them to secure wage increases without losing their ability to take parental leave or paternity leave. Removing deterrents to changing jobs is important, because research by the Office for National Statistics and the Resolution Foundation shows that people who move jobs are likely to get wage increases.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  10. Clauses 11 and 12 enable employed parents to give notice of their intention to take parental leave or paternity leave from their first day in a new job. Clause 11 does that for parental leave by amending section 76 of the Employment Rights Act 1996 to remove the power for the Secretary of State to make regulations relating to the duration for which an employee must be employed before being entitled to be absent from work on parental leave. Clause 12 works in a similar manner for paternity leave, amending sections 80A and 80B of the Employment Rights Act 1996 to remove the power for the Secretary to make regulations relating to the duration for which an employee must be employed before being entitled to take paternity leave.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  11. The new clause would make this change in primary legislation, which would mean that it would not be possible to make any future changes to the period in which a parent could take parental leave in secondary legislation. On that note, I commend clauses 11 and 12 to the Committee. Question put and agreed to. Clause 11 accordingly ordered to stand part of the Bill. Clause 12 ordered to stand part of the Bil l. Clause 13 Ability to take paternity leave following shared parental leave Question proposed, That the clause stand part of the Bill.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  12. As I mentioned earlier, that is already in progress across the Government. I will make a small technical point. The effect of new clause 17 is that fathers and partners who are eligible for paternity leave would be entitled to six weeks of leave, adding four weeks to the existing two weeks offered by the current paternity leave entitlement. The new clause would not affect the entitlement window in which fathers and partners need to take their paternity leave, as this was extended from 56 days to 52 weeks in April 2024. However, the change to enable paternity leave to be taken over 52 weeks was made in secondary legislation.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  13. I remind the Committee that it is often those people in the most transitory jobs who have the most precarious financial positions and the least opportunity to spend time with their families. I will address the comments made by the Liberal Democrat Front-Bench spokesman, the hon. Member for Torbay. We are making immediate changes to paternity leave through this Bill. We will make paternity leave available from day one in a new job and enable paternity leave to be taken after shared parental leave. The flexibility that this will give rise to will enable employees to move towards better-paid employment without the fear of losing their right to protected time away to be with their families. We have also committed to review the entire parental leave system to ensure that it best supports families.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  14. Let me address that last point first. We have had engagement with stakeholders who represent families, such as Pregnant Then Screwed and Maternity Action, which has shown that they welcome the removal of continuity of service for paternity leave. We can all understand the benefits that that brings in terms of people being able to apply for new jobs and move to better-paid jobs. While the change will have a cost to businesses, it is estimated to be relatively small, at £6.2 million a year, and we believe that the positive impact on families will be much larger. This clause will make 10,000 more fathers and partners eligible for paternity leave, including those with low job security, who are most likely not to meet the current qualifying requirements.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  15. That change means that parents are now more likely to take their paternity leave and pay after their shared parental leave and pay, as they now have more time to take their paternity leave and pay. Removing that restriction creates more flexibility for parents and means that parents who choose to take their shared parental leave and pay first will not then lose their ability to take their entitlement to paternity leave and pay. Currently, if shared parental leave and pay is taken, parents lose any remaining paternity leave and pay entitlements they have not yet used. Removing that restriction creates a more supportive framework for families by allowing greater flexibility in how parents structure their leave, and ensures that they will not inadvertently lose access to the leave and pay they are entitled to.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  16. The point of clause 13 is to give employed fathers, partners and secondary adopters, including those who have their children through a surrogacy arrangement, the ability to take paternity leave and pay after taking shared parental leave and pay. The clause amends the Employment Rights Act 1996 by removing the limitation that prevents fathers and partners from taking paternity leave and pay after shared parental leave and pay. In April 2024, changes were made to paternity leave and pay, enabling it to be taken at any time in the first year following a child’s birth or adoption. Before then, parents had eight weeks to take their paternity leave and pay.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  17. In response to the point made by the hon. Member for Mid Buckinghamshire, there are clearly defined time limits, and I am sure that most employers and employees will manage to work this out. I just point out gently that the impact assessment on these provisions received a green rating, so some work has been done on this. I remind Members that we are undertaking a wider review as well in respect of paternity and parental leave. Question put and agreed to. Clause 13 accordingly ordered to stand part of the Bill. Clause 14 Bereavement leave Question proposed, That the clause stand part of the Bill.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  18. Subsection (14) makes consequential amendments to the Parental Bereavement (Leave and Pay) Act 2018 to remove provisions that no longer have any effect following the amendments made by clause 14 of this Bill.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  19. Subsections (4) to (11) make amendments to other provisions of the 1996 Act to enable the regulations to provide important protections for employees who take bereavement leave, such as protection against detriment, protection of contractual rights, and protection for treating a dismissal that takes place for a reason relating to bereavement leave as unfair. Subsections (12) to (13) make consequential amendments to His Majesty’s Treasury legislation to provide for how persons on bereavement leave are to be taken into account when assessing an employee’s “committed time” or the number of employees for the purpose of certain initiatives or schemes, in the same way as other family-related entitlements.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  20. Should an employee suffer multiple bereavements, the clause sets out that they are entitled to leave in respect of each person who has passed away. The approach to regulations mirrors that taken when establishing parental bereavement leave and allows similar provisions to be included in the new regulations. Due to the sensitive and personal nature of bereavement, we will consult stakeholders on the details to be set out in regulations to ensure that the entitlement is constructed with the needs of employees and employers at the forefront.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  21. Subsections (2) and (3) of clause 14 amend those sections of the 1996 Act, so that the duty on the Secretary of State to lay regulations establishing parental bereavement leave is widened to require regulations providing for bereavement leave for other loved ones as well. The amendments in subsection (3) ensure that the regulations, in the case of the new bereavement entitlement, must set out the following: first, the eligibility of the new entitlement by definition of the employee’s relationship to the deceased; secondly, the length of leave, which must be a minimum of one week; thirdly, when the leave must be taken, which must be before the end of at least 56 days after the person’s death; and finally, how the leave is to be taken, such as in one block or two blocks, or whatever is appropriate.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  22. We estimate that this would benefit at least 900,000 workers each year. That is a significant proportion of the working population who will be able to access bereavement leave from day one of employment. Currently, the only bereavement entitlement in legislation is parental bereavement leave, which provides two weeks of leave for parents who experience the devastating loss of their child, from 24 completed weeks of pregnancy until the child reaches the age of 18. That is set out in sections 80EA to 80EE of the Employment Rights Act 1996 and in the Parental Bereavement Leave Regulations 2020.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  23. Clause 14 establishes a new day one right to bereavement leave. The loss of a loved one is a deeply personal experience, and a sad reality that almost all of us will experience. When that happens, the grief that comes with a loss will impact us all in different ways. Some individuals may need time and space away from other demands, including work, to begin to process their loss. Others may prefer to keep working to maintain a sense of familiarity while adjusting to a new normal. Thankfully, for those who need it, the majority of employers respond compassionately to requests for time away from work, and recognise the key role they can play in supporting their employees during this time. In the absence, however, of a statutory right, not all employees may be afforded the time off they need to grieve.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  24. After that, the woman is still protected by the Equality Act 2010 sex discrimination protections if she is treated less favourably because she suffered a miscarriage. Clause 20 will also allow for regulations to be made about dismissal during a protected period of pregnancy, and the enhanced dismissal protection policy will cover women during their pregnancy. I point out that at the moment the Women and Equalities Committee is looking into that and doing an inquiry. We will study the outcome of that very closely as we take our policies forward. Question put and agreed to. Clause 14 accordingly ordered to stand part of the Bill. Clause 15 Employers to take all reasonable steps to prevent sexual harassment Question proposed , That the clause stand part of the Bill.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  25. I, too, thank the hon. Member for Mid Buckinghamshire for sharing such a personal story with us today. As he says, the loss of a child or a baby at any stage is incredibly upsetting. Parents who suffer a stillbirth may be entitled to parental bereavement leave and pay. Although there is no statutory entitlement for miscarriage before 24 weeks, we expect employers to respond with compassion and understanding and encourage employees to discuss the support that they need with their employer. A woman is protected against discrimination in the workplace due to pregnancy, any illness related to pregnancy or absence of that illness. That includes any illness caused by miscarriage extending to two weeks after the end of the pregnancy.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  26. If I may just correct the record, there was not an impact assessment on clause 13—I inadvertently said that there was—because the impact is so small. But there was on clauses 11 and 12, and they received a rating of green.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  27. Act, but the HSE does not act where a more appropriate regulator has specific responsibility, or where there is more directly applicable legislation. Police already have powers to prosecute harassment offences under the Protection from Harassment Act 1997, and the Equality and Human Rights Commission can take action under the Equality Act 2010.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  28. The Health and Safety Executive has also published a range of readily available guidance on its website to assist employers in complying with their legal obligations. The right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) has tabled new clause 40, asking the HSE to publish a health and safety framework on violence and harassment in the workplace, including violence against women and girls in the workplace, but employers already have such duties under the 1999 regulations, which require them to have suitable and sufficient arrangements in place to manage health and safety in the workplace, including violence and aggression. Harassment in the workplace could be covered by the Health and Safety at Work etc.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  29. Act, along with associated legislation, requires employers to reduce the risks of workplace violence. As part of that, the Management of Health and Safety at Work Regulations 1999 require employers first to assess the risks in the workplace, including the potential for violence, and then to take appropriate action to reduce those risks. The Health and Safety Executive and local authorities, which are responsible for enforcing the 1974 Act, carry out proactive and reactive work to ensure that employers are complying with their duties under the Act to assess the risks and are implementing appropriate control measures to protect their workers, and others affected by their work, from workplace violence.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  30. On new clauses 39 and 40, I reassure the Committee that the Government entirely support the importance of ensuring that workers, including women and girls, are protected from workplace violence and harassment. We already have in place a strong and appropriate regulatory regime that provides protection to workers from violence and harassment. Through the Health and Safety at Work etc. Act 1974 and the statutory provisions made under it, employers already have a duty to protect their workers from health and safety risks, including workplace violence, and they must consider ways in which they can remove or reduce such risk. That legislation applies to everyone, irrespective of whether the victims have protected characteristics—it is a law to protect all workers. The Health and Safety at Work etc.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  31. In addition, we will publish further analysis alongside future consultations ahead of any secondary legislation, to meet our better regulation framework requirements. No one should fear being sexually assaulted in the workplace, and the measures go further to protect employees. One in five women has been sexually assaulted in the workplace by someone outside their organisation. The measures could have a positive effect on women, those with disabilities, and ethnic minorities across the UK. The amendments and new clauses in this group would not add value, given the extensive impact assessment to which the Government have already committed.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  32. The Government have already produced an extensive set of impact assessments, published on Second Reading and based on the best available evidence for the potential impact on business, workers and the wider economy. We intend to refine that analysis over time, working closely with businesses, trade unions, academics, think-tanks and the Regulatory Policy Committee. We will publish an enactment impact assessment once the Bill reaches Royal Assent, in line with the better regulation framework requirements. That will account for where primary legislation in the Bill has been amended in its passage through Parliament in such a way as to change significantly the impacts of the policy on business. That impact assessment will be published alongside the enacted legislation.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  33. That is to meet the requirements set out in the Equality Act 2010 that employers take all reasonable steps to prevent sexual harassment of their employees. Those are contained in section 40A, the general preventative duty; section 40, as amended by this Bill, to the extent it relates to sexual harassment by third parties; and section 109, employers’ vicarious liability, where that relates to a failure to prevent the sexual harassment. The provisions place broad requirements on employers, but it will be important to ensure that specific steps are taken where the evidence demonstrates that they are proportionate and needed to prevent sexual harassment. The regulations may also require an employer to have regard to specified matters when taking those steps.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  34. This also means that victims can be confident that they are protected by the law if their employer has not taken all reasonable steps to protect them, and that they are able to take legal action if they so wish. This measure will therefore benefit all employees by making workplaces safer and ensuring that everyone has the same opportunity to succeed at work. As I said earlier, oral evidence from the Fawcett Society shows that one in five women have been sexually assaulted in the workplace by third parties. These measures could have a positive effect on women, those with disabilities and ethnic minorities across the UK. Clause 17 introduces a power to make regulations to specify steps that are reasonable for employers to take to prevent sexual harassment.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  35. This amendment to the Equality Act will give much-needed clarity on the rights and responsibilities of employees and employers in these scenarios, and require employers to take action to prevent such harassment from occurring. The burden of holding perpetrators and employers to account and of driving change is too great to be shouldered alone by employees who have experienced harassment. This measure therefore sends a clear signal to all employers that they must take steps against third-party harassment. That is the right thing to do because tackling misogyny and violence against women and girls is a societal issue in which employers can play a key role.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  36. As well as sexual harassment, it covers harassment related to a protected characteristic that is covered by the existing harassment provision. It also covers treating someone less favourably because they have either submitted to or rejected sexual harassment, or harassment related to sex or to gender reassignment. To avoid liability, employers will need to do what is reasonable. What constitutes “all reasonable steps” for third-party harassment will depend on the specific circumstances of the employer. Employers will need to consider the nature of any contact with third parties—for example, the type of third party, the frequency and the environment. In certain sectors, there may be more regular worker interaction with third-party contractors than in others.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  37. The concept of “all reasonable steps” has the advantage of being well established and familiar to employers and employment tribunals. This will therefore provide a consistent threshold and decrease uncertainty for all. The Government intend to provide businesses with clear guidance to ensure that they are fully supported in complying with the new legislation. Clause 16 will introduce an obligation on employers not to permit the harassment of their employees by third parties under section 40 of the Equality Act. As well as employers taking action to prevent sexual harassment, workplaces and working conditions must be free from all forms of harassment. The clause therefore encompasses all three types of harassment set out under section 26 of the Equality Act.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  38. I will now speak to clauses 15 to 17, new clauses 29, 39 and 40, and amendments 130, 131 and 135. Clause 15 will strengthen the new duty on employers to take reasonable steps to prevent sexual harassment of their employees, which came into force on 26 October 2024 under the Equality Act 2010. Clause 15 requires that employers must take all reasonable steps to prevent sexual harassment of their employees. Including “all” emphasises the thorough approach that employers must take to prevent that. At the same time, the requirement remains limited to steps that are “reasonable”. The amended duty will mirror the existing statutory defence for an employer regarding vicarious liability, which requires them to show that they have taken all reasonable steps to prevent harassment.

    EMPLOYMENT RIGHTS BILL (NINTH SITTING) · 2024-12-10 · READ IN HANSARD

  39. That is a really important point, because the clause clarifies and makes things easier and more straightforward, rather than complicated and burdensome, which is the implication of some of the amendments. I thank the hon. Member for Dundee Central for speaking to new clauses 39 and 40 tabled by the right hon. Member for Dwyfor Meirionnydd. I pay tribute to the right hon. Lady for her work on violence against women and on stalking, and indeed to the work of her predecessor on stalking. I reassure the hon. Gentleman and the right hon. Lady that the Government entirely support the importance of ensuring that workers, including women and girls, are protected from workplace violence and harassment. There is already in place a strong and appropriate regulatory regime that provides protection to workers from violence and harassment. If the hon.

    EMPLOYMENT RIGHTS BILL (TENTH SITTING) · 2024-12-10 · READ IN HANSARD

  40. We have had a full and thorough debate, and I thank my hon. Friends—in particular my learned hon. Friends the Members for High Peak and for Gloucester—for making many valuable arguments, and everybody for contributing their personal experiences. I remind the Committee that clause 15 requires employers to take all reasonable steps to prevent sexual harassment of their employees. Including “all” emphasises the thorough approach that employers must take; at the same time, the requirement remains limited to steps that are “reasonable”. The concept of “all reasonable steps” has the advantage of being well established and familiar to employers and employment tribunals.

    EMPLOYMENT RIGHTS BILL (TENTH SITTING) · 2024-12-10 · READ IN HANSARD

  41. It is important to remember that they simply require employers to do what is reasonable for their specific circumstances. That means that employers will not be penalised for failing to take unworkable or impractical steps. The clauses will not require employers to foresee the wholly unforeseeable or to police all customers’ private conversations. On one hand, the hon. Member acknowledges that good businesses already accept the need to take all reasonable steps to prevent sexual harassment, but on the other, he wants to make exceptions for a large number of businesses.

    EMPLOYMENT RIGHTS BILL (TENTH SITTING) · 2024-12-10 · READ IN HANSARD

  42. I will ensure that that happens. The hon. Member for Mid Buckinghamshire questioned the necessity of this new legislation, so let me explain again. Often, harassment legislation, including the criminal law, allows an individual to take legal action against a perpetrator. However, that does not go far enough in tackling the wider issues and root causes. The burden of holding perpetrators to account and driving change is too great to be shouldered purely by employees who have experienced harassment. This measure therefore sends a clear signal to all employers that they must take all reasonable steps to prevent sexual harassment. I think the hon. Member is also concerned that the clauses that we are discussing risk being unworkable or burdensome.

    EMPLOYMENT RIGHTS BILL (TENTH SITTING) · 2024-12-10 · READ IN HANSARD

  43. The hon. Member raised a number of potential scenarios relating to potentially offensive or upsetting speech. It is important to note that in employment tribunal claims for harassment, if certain conduct has a humiliating or degrading effect on the recipient but that was not its intended purpose, the tribunal must consider whether it was reasonable for the conduct to have had that effect. It is not a purely subjective test based on the view of the recipient. The reasonableness and the facts of the individual situation must be considered. On that note, I ask the Committee to accept the clauses unamended. Question put and agreed to. Clause 15 accordingly ordered to stand part of the Bill. Clause 16 Harassment by third parties

    EMPLOYMENT RIGHTS BILL (TENTH SITTING) · 2024-12-10 · READ IN HANSARD

  44. Free speech is absolutely a cornerstone of British values, but I remind the hon. Member that harassment is not free speech. They are two different things. The Bill concerns employer liability for workplace harassment, which is a serious issue, not to be underplayed. As with all cases of harassment under the Equality Act 2010, courts and tribunals will continue to be required to balance rights on the facts of a particular case, including the right to freedom of expression. Harassment is a serious matter that involves being subjected to unwanted conduct of various types that, as set out in the Equality Act, “has the purpose or effect of violating” the employee’s “dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment” for the employee. Those who seek to harass people at work will not be tolerated.

    EMPLOYMENT RIGHTS BILL (TENTH SITTING) · 2024-12-10 · READ IN HANSARD

  45. According to data from the Office for National Statistics, more than a quarter of those who have experienced sexual harassment in England and Wales said they had experienced it at their place of work. That must change. I commend the clause to the Committee. Question put and agreed to. Clause 18 accordingly ordered to stand part of the Bill . Clause 19 Right not to be unfairly dismissed: removal of qualifying period, etc Question proposed, That the clause stand part of the Bill.

    EMPLOYMENT RIGHTS BILL (TENTH SITTING) · 2024-12-10 · READ IN HANSARD

  46. This is because, as a result of the measure, a worker will not need to identify an existing legal obligation, criminal offence or breach of health and safety in order to make a qualifying disclosure about sexual harassment. We anticipate that the measure will have wider benefits, including enabling more workers to use whistleblowing routes to speak up about sexual harassment, and sending a clear signal to employers that workers who make disclosures must be treated fairly. Workers will have legal recourse if their employer subjects them to detriment for speaking up. This is one of the steps that we are taking to tackle sexual harassment at work.

    EMPLOYMENT RIGHTS BILL (TENTH SITTING) · 2024-12-10 · READ IN HANSARD

  47. Clause 18 will strengthen the protections for whistleblowers by making it explicit that sexual harassment can be the basis for a protected whistleblowing disclosure. It will do so by amending part 4A of the Employment Rights Act 1996, adding sexual harassment to the list of relevant failures about which a worker can blow the whistle. For context, to qualify for whistleblowing protection, a worker needs to have a reasonable belief that their disclosure tends to show one of the relevant failures and that the disclosure is in the public interest. A worker who blows the whistle by making a protected disclosure has the right not to suffer a detriment or, if they are an employee, not to be unfairly dismissed. This measure will provide welcome clarity that sexual harassment can form the subject of a qualifying disclosure.

    EMPLOYMENT RIGHTS BILL (TENTH SITTING) · 2024-12-10 · READ IN HANSARD

  48. The grounds for refusing a flexible working request are intentionally broad, so that they capture all the business reasons that may make such a request unfeasible. That applies to the security services as it does to any other employer. I will not read out all eight reasons, but I will give some examples. The work may not be able to be reorganised among other staff, or quality or performance may be negatively affected. There may be a lack of work at a particular proposed time, or the business’s ability to meet the demand of customers—we have mentioned the Home Office—may be negatively affected. There is a huge range of reasons that could be used, and they would surely cover—

    EMPLOYMENT RIGHTS BILL (EIGHTH SITTING) · 2024-12-05 · READ IN HANSARD

  49. I draw the Committee’s attention to my interests, and to my membership of the Union of Shop, Distributive and Allied Workers and the National Education Union. The hon. Member for Mid Buckinghamshire seeks to amend clause 7 in order to commit the Government to exempting the security services from the requirement to refuse a flexible working request only when it is reasonable to do so against one of the eight reasons set out in legislation. His amendment would also exempt the security services from having to explain to an employee why their request for flexible working could not be met. My hon. Friends the Members for Birmingham Northfield, for Worsley and Eccles and for Gloucester have pointed out many good reasons why that is unnecessary, and I will explain why I think the same.

    EMPLOYMENT RIGHTS BILL (EIGHTH SITTING) · 2024-12-05 · READ IN HANSARD

  50. If I may continue, the point is that there is significant leeway. Basically, the way the provision is worded takes into account the context of the particular type of business. There are many different types of roles in the security services, as has been pointed out, and different things will apply in different circumstances. There is plenty of opportunity there.

    EMPLOYMENT RIGHTS BILL (EIGHTH SITTING) · 2024-12-05 · READ IN HANSARD