Worker Protection (Amendment of Equality Act 2010) Bill

Wera Hobhouse Excerpts

2nd reading
Friday 21st October 2022 Commons Chamber

[Wera Hobhouse (Bath) (LD)]

I beg to move, That the Bill be now read a Second time.

I was very excited to be placed 15th out of 20 in the private Members’ Bills ballot earlier this year. My number was 461 because in 2017 I was the 461st woman ever to be elected to Parliament. I owed it to my winning number to introduce a Bill that would improve women’s equalities, rights and protections. The Bill will protect not only women but all employees from sexual harassment in the workplace, but the great majority of people affected by the new legislation will be women.

I thank the Fawcett Society and the Government Equalities Office for their tireless work on drafting the Bill and for many prior years of campaigning. My thanks also go to the Women and Equalities Committee, whose inquiry into workplace harassment led to a 2018 report that was influential in driving the proposed changes in the law.

For too long, women and girls have been unsafe in the workplace. An Opinium survey suggests that 20% of the UK population have experienced some form of sexual harassment in the workplace. That is more than 10 million people—a shocking number. It is therefore right and imperative that the law changes to protect people in work. In these testing times, such legislation is more important than ever.

Harassment is both morally unacceptable and bad for the economy. Evidence suggests that disrespectful and abusive work practices lead to lower performance and productivity and increased staff turnover. Even for those who are not compelled by the moral reasoning behind increased protection from workplace harassment, it is hard to ignore the economic arguments.

The 2018 Presidents Club scandal highlighted the extent to which people are currently unprotected by the law. In that instance, young female hostesses were allegedly sexually harassed by businessmen at a notorious men-only dinner, being instructed to wear “black, sexy shoes” and black underwear. Those women, who faced violations of their dignity, would not have had recourse to the law as it stands. Sexual harassment by third parties is a major problem in the UK. A 2017 survey suggested that 18% of those who had experienced workplace sexual harassment said that the perpetrators were clients or customers. Some 1.5 million people have been harassed by a third party, meaning that clients or customers were allowed to harass 1.5 million workers.

Workplace sexual harassment is widespread and widely under-reported. A TUC survey suggested that 79% of women do not report their experience of sexual harassment, for many reasons including fear of repercussions, lack of awareness regarding their rights and fear of not being taken seriously. Those concerns are heightened for people of colour, people in the LGBT+ community and people with disabilities, who already face greater discrimination in the workplace. It is understandable why people do not come forward. For one, it is not just third parties who harass people, with 20% of surveyed women suggesting that their direct manager or someone else with direct authority over them was the perpetrator. It therefore goes without saying that any reporting could have direct career implications for those involved.

Whether sexual harassment is by a third party or not, employers have not done enough to prevent and punish it. The Equality and Human Rights Commission found that in nearly half of cases reported, the employer took no action, minimised the incident or placed the responsibility on the employee to avoid the harasser. It seems that the risks of reporting sexual harassment can outweigh the merits. That is disgraceful in modern Britain. The problem is that the current laws on sexual harassment mean that employers often adopt individual responses to institutional problems. That creates space for employers to minimise what is going on and leads to confusion about how to respond appropriately. Statistics show that only 45% of managers felt supported by their organisation when reports were made to them. Ultimately, the current laws leave people who have encountered traumatic experiences unsupported. We can and must do better.

The Government agree that more needs to be done to tackle sexual harassment in the workplace. In their 2021 response to a consultation on workplace sexual harassment, the Government committed to introduce a new preventative duty for employers, to provide more explicit protections from harassment by third parties, and to support the EHRC to develop a new statutory code of practice on workplace harassments. For things to improve, we need a shift in focus from redress to prevention. Currently the question of whether employers have taken adequate steps to prevent sexual harassment arises only as a defence if an incident of sexual harassment has already occurred. That means that employers are not required to take actions that prevent sexual harassment. Indeed, the EHRC found in 2018 that only a minority of employers had effective processes in place to prevent and address sexual harassment.

The Bill would provide the shift in focus that is so desperately needed. Clause 2 would ensure that employers prioritise prevention by imposing a new duty on them to take “all reasonable steps” to prevent their employees from experiencing workplace sexual harassment. That will not require employers to do anything substantially more than what they currently must do to avoid legal liability for acts of harassment carried out by their employees, but it would mean that employers could potentially be further held to account if they have failed to take those actions, first by an uplift in the compensation awarded at an employment tribunal, and secondly through the EHRC’s strategic enforcement. That will, I hope, push employers to prioritise prevention of sexual harassment, including through improving workplace practices and culture.

The new duty would operate through dual enforcement. The EHRC may take enforcement action for a breach or suspected breach of the duty under its strategic enforcement policy. This means that women would be able to inform the Equality and Human Rights Commission of any concerns without necessarily having to take forward legal action against their employer. In addition, the employer’s duty will be enforceable by the employment tribunal in individual cases. Where the employment tribunal has found in favour of an individual claim of sexual harassment and has ordered compensation to be paid, the tribunal will examine whether and to what extent the duty has been breached.

Where a breach is found, tribunal judges will have the power to order an uplift of up to 25% of the compensation awarded. The Bill will also introduce explicit protections against third-party harassment in the workplace. Clause 1 would make employers liable for the harassment of their staff by third parties, such as customers and clients, where they have failed to take all responsible steps to prevent such harassment from happening. These protections will apply to all acts of third-party harassment in the workplace, including racial as well as sexual harassment.

Once again, there will be a system of dual enforcement. Individuals will be able to bring claims to an employment tribunal in the usual way for work-related cases under the Equality Act 2010. The Equality and Human Rights Commission will have strategic enforcement powers. Compensation will be assessed in the usual way for Equality Act claims, with the same uplift outlined earlier available in cases where a breach of duty has also been established following a successful third-party sexual harassment case.

A claim for third-party harassment could be brought after a single incident of harassment. This replaces the previous “three strikes” formulation, whereby employers needed to know of two previous incidents of third-party harassment before they could be considered liable, but employers will be able to rely on the “all reasonable steps” defence in the usual way. To ensure that employers are as informed as possible about the proposed changes, which will come into force 12 months after Royal Assent, the Government Equalities Office will support the Equality and Human Rights Commission in creating a statutory code of practice on sexual harassment and harassment in the workplace. This will be based on the technical guidance that the Equality and Human Rights Commission published in 2020 and will be introduced as the new legislation comes into force.

The Equality and Human Rights Commission will have a duty to consult on this code of practice in advance. In the meantime, the Government Equalities Office has produced guidance for employers on how to prevent sexual harassment, which I understand it is looking to publish in due course.

Let me finish by turning away from the technical details of the Bill, and return to the wider set of circumstances that makes it important for us to pass this legislation. An unacceptable number of nurses, paramedics, bar staff, people who were key workers during the pandemic and everyone in between are being subject to a form of harassment that causes a variety of harms, including psychological, physical and economic harm. Employers should be required both morally and legally to take all reasonable steps to stop sexual harassment from occurring. The fact that the law of this country does not compel them to do so is a concern.

For too long the onus for challenging sexual harassment has been on individuals. Our current laws mean that employers do not know how to respond to cases appropriately, which leaves people who have encountered traumatic experiences unsupported. Introducing a standalone preventive duty for employers will shift the responsibility from individuals to the institution. It will prevent harassment and protect victims, and it will drive a change in the culture around victim blaming. I urge that this House supports my Bill, enshrining in law historic measures to protect employees from harassment in the workplace.

I thank everybody across the House who has given support to this Bill and already committed to serving on the Committee that will ensure that the Bill progresses through the House.

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[Wera Hobhouse]

I thank everybody for their support for the Bill. As has been said, this issue does not affect only women; it affects anybody who is in work and should be protected from harassment. It should particularly introduce a culture change so that harassment in the workplace is a thing of the past. I thank hon. Members across the House, and look forward to the progress of the Bill.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).

Tributes to Her Late Majesty The Queen

Wera Hobhouse Excerpts

Friday 9th September 2022 Commons Chamber

[Wera Hobhouse (Bath) (LD)]

On this sad day, I rise to pay tribute to Her late Majesty Queen Elizabeth II. We are a nation in mourning, and I know that I speak for my Bath constituents when I say that we will all sorely miss her.

Whether or not we met Her late Majesty in person, we feel that we knew her. She had a personal relationship with all her subjects, and she managed to combine her office as monarch of an ancient and great kingdom with the warmth and personal touch of a wonderful human being. Her great personal qualities of empathy, integrity and humility stood as an example to us all. She of all people could have been pompous, but she never was. She saw herself as a servant all her life. That is rare, and we all owe her a huge debt of gratitude for that unstinting service.

She was not just a British monarch; she was a world leader, renowned and respected throughout the world. I grew up in Hanover, Germany, where there were no monarchs. Everybody was actually rather squeamish about tradition, but given the royal connection between Britain and Hanover, people were perfectly happy to adopt Queen Elizabeth as our Queen. Indeed, when I was young, she was perfectly useful for correcting our manners—“You’d better learn to behave in case you meet the Queen.”

Her undoubtedly impeccable table manners aside, the late Queen represented—to the core—the best of British. In times of great turbulence, she stood as unifier and peacemaker. She clearly loved people and respected each and every individual for who they were. Her legacy must live on as we enter a new chapter. May she rest in peace. Long live the King.

Extreme Heat Preparedness

Wera Hobhouse Excerpts

Monday 18th July 2022 Commons Chamber

[Kit Malthouse]

I am more than happy to join my hon. Friend in praising the accuracy and professionalism of the Met Office. Its ability to predict the heatwave with some accuracy, both in respect of timing and geographically, has been remarkable. We rely on it for much of our resilience planning. There is no doubt about it: it has some of the best weather forecasters in the world.

[Wera Hobhouse (Bath) (LD)]

This is climate change, pure and simple, and the Government must get their head out of the sand. Beyond the transition period and all the rest of it, will the Government set an end date for all UK oil and gas exploration between now and 2050?

[Kit Malthouse]

I do not know whether the hon. Lady can cast her mind back, but I remember that the Conservative slogan more than 10 years ago was “Vote blue, go green.” The battle against climate change has been central to Conservative party policy for well over a decade now. I realise that there is a battle to claim it, as there is a battle to claim any kind of compassion, but in fact we should all be working together on climate change.

Oral Answers to Questions

Wera Hobhouse Excerpts

Wednesday 15th June 2022 Commons Chamber

[Wera Hobhouse (Bath) (LD)]

T2. Six days ago, the Government approved an application to draw gas in Dunsfold in Surrey, although the council had refused the application twice. Does the Minister agree that this decision by the Government to draw gas from a new gasfield in Surrey flies in the face of the commitment the UK Government made during COP26?

[Alok Sharma]

I refer the hon. Lady to the British energy security strategy, which sets out the very clear direction of travel towards a clean energy future for the UK.

Referral of Prime Minister to Committee of Privileges

Wera Hobhouse Excerpts

Thursday 21st April 2022 Commons Chamber

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I appreciate and respect the seriousness of tone that the hon. Member for Rhondda (Chris Bryant), the Chair of the Privileges Committee, just brought to the debate. I respect the work that he does as Chair of the Committee, and I respect the work of the other members of the Committee, too. That seriousness of tone is important and it is one that we should try to adhere to. It is inevitable that there will be a party political overlay to this, and it is inevitable that, with the proximity of important local elections, party political elements and electoral considerations will intrude, as they have today, and as they will do in the way that whatever is decided will be reported later. None the less, at the end of the day, the debate that we are dealing with is about a very serious matter, and it therefore deserves a serious tone.

The hon. Gentleman referred to his past calling—if I may put it that way—as influencing his approach, and I respect that, too. Perhaps I can do the same. I am very conscious of the fact—I am very proud of the fact—that I was a lawyer before I became a politician, and I will be a lawyer after I finish being a politician. Therefore, I hope to approach decisions such as this from the perspective of a lawyer.

[Wera Hobhouse (Bath) (LD)]

rose—

[Sir Robert Neill]

Perhaps I can make a little bit of progress before I give way.

That may cause me, in the view of some, to be cautious, but I would rather be accused of being cautious than of acting on inadequate evidence or without a full and proper process. That is the preamble to what I am about to say.

[Wera Hobhouse]

Let us assume that the Prime Minister inadvertently misled the House. Is not the problem that, from the beginning, he was not straight with us? Even if he knew that he was at a birthday singsong with a birthday cake, why did he delay being straight with Parliament for such a long time? Is it not the case that we are here today, so close to the local elections, because of the delay that has been caused by him, not by those of us on the Opposition Benches?

[Sir Robert Neill]

I do not think that that intervention reflects the tone of the debate thus far. With respect to the hon. Lady, although I will touch on some of those matters, I will not follow directly down that route, because what we are talking about is an important and serious matter. It is important because it relates not just to the incidents that are reported, and, to some degree anyway, are accepted to have happened at No.10 Downing Street, but to a general culture and attitude. It is important for this House because it relates to three important things, which I—and I hope the whole House—hold dear: the first is the issue of public trust; the second is respect for the rule of law, and that in the context of adherence to the laws and the fact that the laws made by this House must be adhered to by all equally—

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[Mr Steve Baker (Wycombe) (Con)]

The whole House can now see that this matter has moved far, far beyond law into matters of deep politics and fundamental values. As we consider both the motion and the issue at hand, every last Member of this House might remember some very old wisdom: if anyone ever says that they never fall short, never break a rule or never harm someone else, they deceive themselves and truth is not within them.

I am very grateful that we live in a society where there is the possibility of redemption and the possibility of mercy—where if somebody fulsomely apologises in a spirit of humility, going on for some hours, there is a possibility of redemption. That, of course, is not to excuse what has been done; it is not to defend it or condone it, or in any way to say that what went on was okay. It is to accept that it was wrong and nevertheless forgive—and forgiveness is difficult; no one should pretend otherwise.

[Wera Hobhouse]

Will the hon. Gentleman give way?

[Mr Baker]

I think the hon. Lady is going to enjoy the rest of my speech, but I give way for a moment.

[Wera Hobhouse]

The hon. Gentleman talks about redemption and forgiveness, but should not things be done at the earliest point possible rather than drawing them out like the Prime Minister has done? This is his main problem. Had he come here immediately and at least expressed his doubt about maybe being at something that he did not consider to be a party, it would have been better, but the fact that he denied everything is the main problem that we in this House find so difficult to swallow.

[Mr Baker]

I am grateful to the hon. Lady. I think she will recognise the spirit and inspiration of what I am saying, as people did on Tuesday, but I do not wish to be drawn excessively into theology about the timing of one’s repentance, and I will move on.

Many Members of this House—I can see some of them on the Opposition Benches—choose to live their lives under certain commands: to love even their enemies, to bless those who curse them and, yes, to forgive as they are forgiven, sometimes for grave matters. So when I sat here and listened to my right hon. Friend the Prime Minister say the words he said in the House of Commons—which I will not put back on the record, because people know what he said—and when I read them again in Hansard, I think that is an apology worthy of consideration of forgiveness for what went on, because this has moved beyond law. As far as I know, no one else in this country is being investigated by the police for retrospective offences—it is gone, it is behind them, it is past—but those in No. 10 Downing Street are being held to a higher standard in ways that other members of the public are not. [Interruption.] I can hear Members barracking, but that is right.

When we imposed these not merely draconian but barbaric rules on other people, everybody in the centre of power should have understood that they had to obey not merely the letter but the spirit of those rules. There should have been no cake in No. 10 and no booze in No. 10; these things should not have happened. I do not defend or condone in any way what happened.

Oral Answers to Questions

Wera Hobhouse Excerpts

Thursday 31st March 2022 Commons Chamber

[Wera Hobhouse (Bath) (LD)]

11. What assessment he has made of the potential merits of erecting a memorial for victims of the transatlantic slave trade and slavery.

[The Chancellor of the Duchy of Lancaster (Steve Barclay)]

There is no disputing the horrors of what occurred during the slave trade, which is why we commemorate the annual International Day for the Remembrance of the Slave Trade and its Abolition on 23 August.

[Wera Hobhouse]

A number of my constituents are part of the Memorial 2007 project, which is a campaign to set up a memorial for the millions of Africans enslaved in the transatlantic trade. The right hon. Gentleman’s predecessor promised that he would meet me and the campaigners, but then the schedule did not allow that to happen. Will the Chancellor of the Duchy of Lancaster now commit to meet me and the campaigners of the project?

[Steve Barclay]

One reason why the UK Government were engaged with the UN memorial in New York was to ensure that the suffering and trauma inflicted as a result of the slave do not happen again, so we contributed to the memorial there. Even as a constituency MP, I think of Thomas Clarkson. There are already memorials of the leading figures in the campaign against slavery, including of Thomas Clarkson who should be remembered alongside Wilberforce. I will ensure that somebody from the Cabinet Office meets the hon. Lady to discuss anything further that we can do.

Oral Answers to Questions

Wera Hobhouse Excerpts

Wednesday 30th March 2022 Commons Chamber

[Kemi Badenoch]

The seed enterprise investment scheme is one of three tax-advantaged venture capital schemes that provide tax incentives to individuals who invest in companies at various stages of growth. I am grateful to my hon. Friend for giving me the opportunity to talk about the world-leading generosity of this scheme. I will find out whether a Minister in the Department for Business, Energy and Industrial Strategy or the Treasury is available to meet her and her constituents on this specific issue.

[Wera Hobhouse (Bath) (LD)]

9. What discussions she has had with the Secretary of State for Work and Pensions on energy costs for disabled people.

[The Minister of State, Department for Work and Pensions (Chloe Smith)]

The Treasury recently announced £9.1 billion of support for energy customers, including a bill rebate, a council tax reduction and continuing support for the most vulnerable households. Furthermore, a doubling of the household support fund was announced in the spring statement, which is again getting help to where it is needed most.

[Wera Hobhouse]

On behalf of the Liberal Democrats, I commend the hon. Member for Bridgend (Dr Wallis) for his bravery in speaking out. We wish him all the best. I think I speak for everyone in the Chamber when I say that we are here to support him.

Disability charities estimate that the number of disabled people in fuel poverty could double this year. A constituent recently told me, “I stay in bed to keep warm and to keep up with my energy costs. I skip meals to cope with my grocery costs.” Will the Government and the Minister support our call to reinstate the £1,000 universal credit uplift and to keep in line—

[Mr Speaker]

Order. I call the Minister. Come on, this is far too long.

Legal Aid

Wera Hobhouse Excerpts

Tuesday 15th March 2022 Commons Chamber

[Dominic Raab]

I agree with many of my right hon. and learned Friend’s points. He makes the right point that we must ensure that we still have the expertise we need at the high end of the profession. In relation to the rate of pages of prosecution evidence, he will know that we want to ensure that we do not encourage perverse incentives. I am not suggesting that that is done deliberately, but systemically it is something that we need to look at, and it is right to do so. Instead, as set out in the Government’s response, we will invite views on the longer term reform of the litigators’ graduated fee scheme to include the optimal basic structure of litigator remuneration, the role of pages of prosecution evidence in determining fees and what data should be collected to enable a thorough examination of litigator preparatory work. I hope that will address the points made.

[Wera Hobhouse (Bath) (LD)]

For years, the south-west has been called a legal aid desert. There is currently a huge backlog in the courts; legal aid is one part of the problem and workforce another. Justice delayed is justice denied. Can the Secretary of State tell me what immediate difference this statement will make to the thousands of victims in the south-west who are waiting for justice or who cannot even get justice now?

Oral Answers to Questions

Wera Hobhouse Excerpts

Wednesday 2nd March 2022 Commons Chamber

[Wera Hobhouse (Bath) (LD)]

Reuters reports today that data show that the corporate world remains far from aligned with global climate goals and that some countries have gone backwards since the agreement. What does the President have to say to that?

[Alok Sharma]

There is clear recognition within the private sector that net zero is the right approach. It is obviously what customers and clients want, but it is also good for the bottom line. My hon. Friend the Member for Kensington (Felicity Buchan) referred to $130 trillion of assets being committed to net zero, and we need to ensure that those commitments are in line with the science. That is one of the things that the UN Secretary-General is looking to do through his expert group.

Sue Gray Report

Wera Hobhouse Excerpts

Monday 31st January 2022 Commons Chamber

[The Prime Minister]

I will do whatever I can to ensure that the House has as much clarity as possible. There are legal issues that we face about some of the testimony that has been given, but, in the meantime, what Sue Gray wants us to do is to wait for the conclusion of the investigation and to see where that goes, and to support the police in their work.

[Wera Hobhouse (Bath) (LD)]

Does the Prime Minister need somebody else to tell him whether he was there, or that he is there now?

[The Prime Minister]

I refer the hon. Lady to the answer that I have already given.