What assessment she has made of the potential merits of introducing a duty on employers to prevent workplace harassment.
The Government strongly condemn sexual harassment in the workplace and are committed to seeing it end. Employers are already responsible for preventing sexual harassment in their workplace and can be held legally liable if they do not, but we are consulting this summer to gather evidence on whether reinforcing this with a proactive duty would lead to better prevention of this terrible practice in the workplace.
Women who work in the retail and hospitality sectors in the UK have little protection when they face workplace harassment, which is something that happens far too often. As last year’s Presidents Club scandal shows, employers have no duty to protect their staff. May I encourage the Minister, when she carries out that review, to give serious consideration to reinstating section 40 of the Equality Act 2010 to give women the protection at work they have every right to deserve?
I am grateful to the hon. Gentleman for raising this, because it is important; every woman—indeed, every person—should be able to enjoy their place of work without the threat or risk of sexual harassment. I take issue gently with him on section 40. He may know that it was used only twice when it was in force and it had the three strikes approach, which we believe was one reason why it was not used as often as it should have been. We are very open-minded; we have this consultation, and I encourage everyone to participate in it, so that we can find solutions that suit not just employees, but responsible employers.
Has the Minister thought about looking at the system of protected conversations that was introduced by the coalition Government? Given the nature of such conversations, that system could give a licence to employers to engage in harassment in conversations that then, under statute, cannot be quoted at subsequent hearings.
I am happy to look at that. As I say, we will be consulting in the summer. We want also to understand the scale of sexual harassment in the workplace. By definition, it tends to be activity that is hidden and there is stigma to it. We want absolutely to make the point that it is not right for anyone, of any gender, of any sexuality, to suffer this sort of behaviour in the workplace.