13 Apr 2023
Our hard-hitting columnist Eris examines change to workers protection laws…
Increasingly, those dealing with the great British public find it difficult to cope. A recent survey of members of a theatrical union says 45% are considering quitting work because of an ‘increasingly stressful working environment’. Abuse has been reported by 28% of all NHS staff, 90% of retail workers and 60% of customer service workers. Callers to call centres are becoming more aggressive, with 36% of call agents reporting being threatened with violence.
The Workers Protection (Amendment of Equality Act 2010) Bill, is currently wending its way through the House of Lords having been heard twice by the House of Commons. Granted, it passed through an almost empty House, with little debate, as most of our MPs were absent ‘working in their constituency’.
The Bill seeks to make employers responsible for any harassment of employees by their parties in the course of their employment. Employers will have a legal duty to protect employees from unwanted conduct related to a protected characteristic, or conduct that creates an intimidating, hostile, degrading humiliating or offensive environment.
This harassment could be by customers, suppliers or indeed anyone passing by or through the workplace. It could be a one-off or unforeseen incident. Employees taking offence at a conversation would be entitled to take their employer to court. The third party ‘harassing’ the employee has no legal responsibility, just the employer.
Will it work? This legislation does not stop the harassment, just puts the onus on employers to put in new policies, risk assessments and contingency plans on third party harassment. This will involve hiring lawyers, HR specialists, trainers etc, etc.
All costly. If they fail to do so and a member of staff brings an action against them, they face stiff penalties.
What are the unintended consequences? Naturally, this will be enthusiastically implemented by our public services, leading to higher taxes and even less time doing their jobs.
Large private companies will take it in their stride. Small hospitality and retail businesses are the most impacted and will struggle to afford to protect themselves.
It could be the final straw causing smaller, less savvy businesses to fold.
Many small businesses may ‘ban’ certain customers, considering them too risky. Mentally ill people whose erratic behaviour may have previously been tolerated out of kindness? Elderly people with dementia who habitually speak out of turn? Mouthy teenagers? Anyone with Tourette’s?
Most will certainly increase security and surveillance. Expect even more barriers between you and service providers and widespread use of CCTV and in some cases, security guards. Big Brother really will watch you.
Having done this all of this, the disgruntled customer can still harass staff, with no personal penalty.
After all, they have the right to free speech. Lawyers, HR professionals and trainers will benefit the most, making a financial killing. The Lib Dem peer introducing the legislation was in fact an HR professional/trainer.
I guess if the only tool you have is a hammer, it is tempting to treat everything as if it were a nail.
