Employment Rights Bill

Lord Cromwell Excerpts

Committee stage
Monday 19th May 2025 Lords Chamber

[Lord Young of Acton (Con)]

Oh, I do, apparently—and there have only been 12 minutes. But I will not use my allotted time of three more minutes.

I conclude by saying that the risk of over-application of this clause—by hospitality sectors, in football grounds and in our universities—is not a straw man. We see that risk materialising due to a misunderstanding— an imagining—that third-party harassment is already part of the Equality Act, when it is not. That risk will multiply when this clause goes on the statute book. It is not a straw man or confected rage. If the Government think it is a straw man—if they are absolutely convinced that none these risks will actually materialise—at the very least they should make that clear by accepting these amendments. They are losing nothing if they think they do not rule out of scope stuff that they do not want to be in scope in any case. I urge them to accept the amendments for the sake of clarity and for the sake of employers.

I will make one final point. When the noble Baroness—

[Lord Cromwell (CB)]

I think the noble Lord has misunderstood that his 10 to 15 minutes were for his earlier contribution, not for responding to the Minister. He has made some really good points a number of times now. Can we have a break, please?

[Lord Young of Acton (Con)]

Okay, I will wind up.

I will make just one final point. The Minister said that, in due course, the employment tribunal will make it clear that reasonable steps with respect to protecting employees from harassment will not be the same steps that employers are expected to take to protect their employees from third-party harassment, as opposed to employer-employer harassment. That may well be the case, but what that amounts to saying is that the jurisprudence in the employment tribunal, when it comes to the definition of harassment, will not be a particularly reliable guide for employers, when it comes to how they should define harassment when protecting their employees from third-party harassment. What she is saying, in effect, is that, if you cannot rely on the definition of what a reasonable step is in the ET hitherto, employers will be in the dark. They will have to chart these uncharted waters. Would it not be helpful to employers—and a boon to the beleaguered hospitality sector industry in particular—to make it clear, by accepting these amendments, what their liabilities are and are not?

Finally—