Employers will already be aware of the new duty to take reasonable steps to prevent sexual harassment in the workplace, that came into force on 26 October 2024 under the Worker Protection (Amendment of Equality Act 2010) Act 2023.
When the Employment Rights Bill comes in to force (likely 2026), the preventative duty will be enhanced by the addition of one critical word – “all”! This will create a more onerous obligation from ‘reasonable steps’ to ‘all reasonable steps’ and to doing all that you can as a business to prevent such sexual harassment.
The Employment Rights Bill will also introduce a requirement for employers to prevent third party harassment of employees in the course of their employment. In addition to sexual harassment, this duty will also extend to harassment because of any of the protected characteristics under the Equality Act 2010 and is therefore much wider.
Third parties will include (for example) customers, clients, suppliers, workplace visitors and members of the public. In the travel industry third-party harassment could occur, when an employee is harassed by someone who is not a colleague, but for example a hotel guest, a supplier, or a client of a TMC and so on.
Practically speaking, some steps travel employers can take to prevent third party harassment include:
- Ensuring they have a policy addressing third party harassment and that their employees are aware of it.
- Depending on the situation employers will need to undertake a risk assessment to identify risks within their business operation, including the risks of third party harassment occurring and take steps to mitigate such risks.
- If employees do come into contact with third parties, employers will need to consider the best way of demonstrating their commitment to preventing third party harassment – this could be through signs in travel agent shops or clauses in booking conditions for example.
- Businesses should also review their contractual documentation with third parties, to ensure any contractual terms deal with the prevention of third party harassment and any appropriate indemnities are included in the event a claim is made by an employee in relation to third party harassment.
- Business leaders will need to send a clear message that third party harassment will not be tolerated from anyone they do business with. This may include sending a strong message to contractors, customers and suppliers and considering withdrawing their employees having any contact with any third party where there is even a suggestion of harassment.
- All staff should be trained on how to identify, report and handle third party harassment. Business leaders will need to be aware of their duty to protect employees from third party harassment.
This new duty to prevent third party harassment will place a significant burden on employers, and although it is not likely to come in until 2026, businesses should use the lead-in time to ensure they have their house in order and be reviewing the steps above.
For help and advice on employment issues within the travel industry, contact ami@travlaw.co.uk
or call 0113 258 0033